Rabe v. Wells & Co.

Decided April 15, 1853

California Supreme Court · decided 1853-04-15

This action was brought, October 7th, 1851, against Thomas C. Wells, H. Willes, and Lucien Skinner, of Boston, as partners and bankers in San Francisco, doing business under the firm of Wells & Co., of whom the plaintiff complained that the defendants were indebted to him for money deposited in trust, payable on demand, to wit, $2278, payment of which defendants had refused, &c., after demand made, &c.; and prays for judgment, &c., and that publication issue against the…

Cited by 2 later decisions — most recently December 1892

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-04-15

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Heydenfeldt, Justice,

¶1delivered the opinion of the court. Wells, Justice, concurred.

¶2 *151The question of notice as to the dissolution of the partnership, was properly left to the finding of the jury under the charge of the court.

¶3In the issue presented by the pleadings, it would have been proper to introduce evidence to show that the dissolution was not bona fide, but it does not appear how the evidence which was rejected would have tended to that result.

¶4Error which is relied on must be shown clearly and affirmatively.

¶5Judgment affirmed.