49 Vt. 471 | Vt. | 1877
The opinion of the coux’t was delivei’ed by
The only question presented by the repox*t of the referee is in regard to the competency of the defendant Eaton as a witness. If he is not a competent witness in the case, the judgment of the County Court for the larger sum reported must be affirmed. From Dr. Eaton’s testimony, it appears that the business which was carried on in the stox’e for which x’ent is charged, was conducted by him as the active manager, in the name of Benjamin F. Eaton & Go. By coxxducting the business thus, Dr.. Eaton held himself out to all persons doing business with the concern, as an active, visible, responsible partner, and whatever might have been his relations with Mr. Barron, he could limit his x'esponsibility only by actual notice to those with whom the partnership dealt. The intestate had no such notice, and had the right to treat Dr. Eaton as one of the parties contracting for the
Judgment affirmed.