Stoddart v. Van Dyke (1859) · DecisionDepot

Stoddart v. Van Dyke

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

California Supreme Court Jan 15, 1859Published

Before: Terry

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Holding. The court affirmed a judgment of nonsuit in favor of a defendant who denied partnership and authorization to execute a promissory note, as the plaintiff failed to provide evidence of either.

Issues

Whether the evidence was sufficient to establish a partnership between the defendants.
Whether the defendant who signed the note had authority to bind the other defendant to the contract.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“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.”

“We can see no error in the judgment of nonsuit.”

Synopsis

Appeal from the Fourteenth District, County of Sierra.

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.

Stoddart v. Van Dyke

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