Stoddart v. Van Dyke
STODDART v. VAN DYKE
- Area
- civil
- Panel
- Lawrence F. Terry (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 — Terry
Terry, C. J., delivered the opinion of the Court—Baldwin, J., concurring.
This was an action against defendants, as partners on a promissory note, signed Van Dyke, McDonald and Calderwood. Van Dyke and McDonald made default, and the defendant Calderwood answered, denying the partnership, and the execution of the note sued on by himself, or any person authorized for him.
A nonsuit was ordered as to Calderwood, and judgment given against the other defendants, and plaintiff appealed.
We can see no error in the judgment of nonsuit. The evidence entirely failed to show a partnership, or any authority in McDonald, by whom the note was given, to bind Calderwood by such a contract.
Judgment affirmed.