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22 F. Cas. 167

Simonton v. Boucher

U.S. District Court

Decided January 15, 1811

U.S. District Court · decided 1811-01-15

Upon the formation of a partnership between Simonton & Boucher, in 1801, Simon-ton agreed that the separate debts of Boucher, then due by him, should be assumed and paid by the house of Simonton & Boucher; and for securing Simonton for such payments, a bond was executed by the defendants, in which Boucher was bound for the whole of such payments, and Smith and Wood, as his sureties, for one-half.

Decided 1811-01-15

¶1BY

THE COURT.

¶2The award cannot be read, either as prima facie, or as conclusive evidence in this action. But evidence of the confessions of Boucher may be given.

¶3THE COURT also decided that entries made by Simonton or Boucher, made in the partnership books after the dissolution, might be given in evidence against the party who made them, but not otherwise.

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