Sinclair v. Wood (1853) · DecisionDepot

Sinclair v. Wood

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Apr 15, 1853Published

Before: Heydenfeldt

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Holding. The court held that evidence of partnership by general reputation is inadmissible and that the contents of letters cannot be admitted without proof of authorship by the party to be charged.

Issues

Whether partnership may be proven by general reputation.
Whether the contents of letters are admissible without proof of authorship.

Disposition. Reversed and remanded.

Quotations verified verbatim against the opinion

“Evidence was allowed on the trial to prove a partnership by general reputation.”

“The contents of letters were also permitted to be given in evidence, without proving that they were written by the party who was to be charged by their contents.”

“These errors are so manifest, that their statement alone is sufficient to show that the judgment in this cause must be reversed, and the cause remanded.”

Synopsis

It is error to admit evidence to prove partnership by general reputation.

It is error to admit letters in evidence without proving that they were written by the party intended to be charged by their contents.

Heydenfeldt, Justice, delivered the opinion of the court. Wells, Justice, concurred.

Evidence was allowed on the trial to prove a partnership by general reputation.

The contents of letters were also permitted to be given in evidence, without proving that they were written by the party who was to be charged by their contents.

These errors are so manifest, that their statement alone is sufficient to show that the judgment in this cause must be reversed, and the cause remanded.

Ordered accordingly.

Sinclair v. Wood

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