Evans v. Bidleman
IRA P. EVANS v. JOSEPH BIDLEMAN
- Area
- civil
- Panel
- William J. Murray, Jr. (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Murray
Murray, Chief Justice, delivered the opinion of the court. Heydenfeldt, Justice, concurred.
The court below erred in overruling the motion for a nonsuit.
There was no privity between the plaintiff and the defendants, on which to establish the relation of debtor and creditor.
The defendant M’Leman had no authority as agent- of Evans to loan the money in controversy to the defendants, and it can only be regarded as an advance by one partner to the partnership concern, for which they are liable to him, while M’Leman alone is liable to the plaintiff.
Judgment reversed.