104 Kan. 729 | Kan. | 1919
The opinion of the court was delivered by An action was brought in the name of the Lowell-Woodward Hardware Company, describing itself as a Colorado corporation, against several persons alleged to constitute a partnership, upon a promissory note. One of the defendants, Ed. Semke, filed an answer consisting of a verified general denial. Judgment was rendered for the plaintiff, and Semke appeals.
1. The appellant's contention is that there was no competent evidence of the plaintiff's corporate existence, or of his being a *730
member of the partnership described. A witness for the plaintiff testified that it was a corporation, over an objection that the question called for a conclusion, and the ruling is complained of. On cross-examination he stated in full the basis of his opinion, so that the first answer was not prejudicial. (Insurance Office v. Woolen-mill Co.,
2. Evidence was introduced to the effect that the defendants were engaged in business as a firm, operating a mine in Colorado, under the name, "Superior Leasing Company," which was signed to the note sued on; that the appellant was a member of the company and had put money into it and helped do some work in connection with its business; and that he had signed several notes in its behalf. He himself testified, in effect, that he had been a member of the company until 1912, but had withdrawn from it in November of that year. If his withdrawal under the circumstances stated by him would have released him from liability on the note sued on, the court must be deemed to have found that he had not withdrawn. The decision in favor of the plaintiff was therefore supported by the evidence.
The judgment is affirmed.
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