22 Vt. 511 | Vt. | 1850
The opinion of the court was delivered by
The auditor reports, that, from all the evidence in the case, he was unable to find, that the defendants were really partners between themselves, but does find, that they so conducted and held thémseves out to the plaintiff, that he was justified in dealing with and giving credit to them as such.
No doctrine is more familiar, or better settled, than that, when persons hold themselves out to the world as partners, and conduct as such, persons dealing with them have a right to give credit to them and hold them responsible as partners, though there may be no partnership in fact. Stearns v. Haven et al., 14 Vt. 540. In the present case the defendants do not deny, but that the evidence before the auditor was sufficient to show a liability against Abraham and O. P. Vanduzen, but they insist, that the auditor erred in finding H. G. Vanduzen liable. The only question for us to determine upon this report is, whether there appears to have been any evidence given before the auditor, which legally tended to show a liability against II. G. Vanduzen; for if there were, the sufficiency, or insufficiency, of the evidence to prove the fact was a matter resting wholly in the discretion and judgment of the auditor, and his decision of any question offact upon the evidence is as final and conclusive, as the finding of facts by a court, or jury. Does the auditor’s report show any evidence, having a legal tendency to show, that H. G. Vanduzen held himself out to the world as a partner, or jointly interested, in the stage business, out of which the plaintiff’s account accrued ? We think such evidence appears on the report.
In the first place the defendant H. G. Vanduzen was to some extent, at least, actually engaged in the stage business himself, and, during the time the plaintiff’s account was accruing, actually drove the stage a portion of the time to and from the plaintiff’s house in
In relation to the defendants’ objection to the admissions of O. P. Vanduzen, it is only necessary to say, that they were admissible for the purpose of establishing his liability, (though not to charge the other defendants,) and it does not appear, from the report, that the auditor gave any weight to such admissions, except against the party making them.
The judgment of the county court is affirmed.