Fogg v. Greene , 16 Me. 282 ( 1839 )

The opinion of the Court was drawn up by

Weston C. J.

The presiding Judge had a right, at his discretion, to permit the item, which the plaintiffs had failed to prove, to be stricken from their account. It appeared, that notes had been given to Fiske & als., purporting to be signed by the defendants, as copartners. By their default, when these notes were put in suit, the defendants admitted their liability upon them. It was competent evidence, to show that they had held themselves out as partners, and therefore tended to prove a partnership, although in transactions between other persons.

The misnomer in the Christian name of one of the defendants, not having been taken advantage of in abatement, was legally amendable.

Exceptions overruled.