Treadwell

Treadwell v. Wells

Good Law
4 Cal. 260
Supreme Court of CaliforniaJuly 15, 1854California432 words

Opinion

Lead Opinion

Murray, J.

delivered the opinion of the Court.

This action was brought against the retiring partners of an old firm, to recover for an amount due from the new firm, on the grounds that the plaintiffs were previous dealers, and had not been notified of the dissolution and continuation of the business by a new partnership.

*263 The cause was tried by a jury, and a verdict rendered for the defendants, from which the plaintiffs appealed.

The errors assigned are:

1st. The admission of certain newspapers in evidence *containing certain notices of the dissolution, [263] which papers were not taken by the plaintiffs.

It appears by the record, that one of the papers so admit-, ted, and containing such notice, was taken by the plaintiffs, and left at their place of business for several weeks. Upon this proof, we see no error in admitting other papers in evidence, by way of establishing the publicity of the notice, and raising the presumption of actual knowledge on the part of the plaintiffs, ¡

2d. That the Court erred in charging the jury that “the publication of the notice of dissolution in a paper taken by the plaintiffs, was a fact from which they might infer actual notice. ”

So far from…

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