Rabe v. Wells & Co. (1853) · DecisionDepot

Rabe v. Wells & Co.

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

AI Brief

AI-generated · verify before citing

Holding. The court held that the question of partnership dissolution notice was a proper matter for the jury and that the appellant failed to demonstrate that the rejected evidence would have proven the dissolution was not bona fide.

Issues

Whether the question of notice regarding partnership dissolution was properly submitted to the jury.
Whether the trial court erred in rejecting evidence intended to show the dissolution was not bona fide.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The 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.”

“Error which is relied on must be shown clearly and affirmatively.”

Synopsis

The question of notice of the dissolution of a partnership, is a fact for the jury, under the charge of the court.

Error which is relied upon, must be shown clearly and affirmatively.

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

[151]The 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.

In 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.

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

Judgment affirmed.

Rabe v. Wells & Co.

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief