Thompson v. A. J. Lyon & Co.

Mississippi Supreme Court

Thompson v. A. J. Lyon & Co.

119 So. 912, 152 Miss. 318, 1929 Miss. LEXIS 200

CourtMississippi Supreme Court

DecidedJanuary 21, 1929

DocketNo. 27486.

StatusPublished

This text of 119 So. 912 (Thompson v. A. J. Lyon & Co.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thompson v. A. J. Lyon & Co., 119 So. 912, 152 Miss. 318, 1929 Miss. LEXIS 200 (Mich. 1929).

Pincite

Opinion

*319 Anderson, J.

The court erred iu admitting* in evi-

dence, over the appellant’s objection, declarations made by G. T. Davis out of court, for the purpose of showing a partnership between the witness and the appellant. After a partnership is proven, the partnership may be bound by the declarations of one of the partners made within the scope of the partnership business, on the ground of his agency for the firm. That is not the case hére, however. The declarations of Davis, as stated, were admitted for the purpose of showing the existence of the partnership; and this evidence must have been influential in bringing about the judgment.

Reversed and remanded.

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*319 Anderson, J.

The court erred iu admitting* in evi-

dence, over the appellant’s objection, declarations made by G. T. Davis out of court, for the purpose of showing a partnership between the witness and the appellant. After a partnership is proven, the partnership may be bound by the declarations of one of the partners made within the scope of the partnership business, on the ground of his agency for the firm. That is not the case hére, however. The declarations of Davis, as stated, were admitted for the purpose of showing the existence of the partnership; and this evidence must have been influential in bringing about the judgment.

Reversed and remanded.

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Bluebook (online)

119 So. 912, 152 Miss. 318, 1929 Miss. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-a-j-lyon-co-miss-1929.