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52 Ark. 244

Vaughan v. McGannon

Supreme Court of Arkansas

Decided May 15, 1889

Supreme Court of Arkansas · decided 1889-05-15

J. M. Pittman, Judge. Vaughan brought an action in a justice’s court against McGannon & Sanders on the following instrument, which was. filed without written complains : “March i, 1887. “ Due G. W. Vaughan, $131.65 for cattle. “W. J. Sanders, “ P. M. McGannon.” Sanders made no defense. McGannon filed an answer, in which he alleges that the due bill was not signed by him or by any person authorized by him to sign it.

Cited by 1 later decisions — most recently January 1905

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-05-15

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Per Curiam.

¶1partnership: Pleading: Evidence. If Sanders and McGannon were partners, and the due bill in question was executed by one of them in the name of the partnership business as evidence of a partnership debt, it was the liability of both. No amendment of the plaintiff’s pleadings was necessary to authorize proof of the partnership. The court erred in excluding the testimony relating to that fact.

¶2Reverse and remand.

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