130 Mass. 476 | Mass. | 1881
By the contract between the plaintiff and Soule, the plaintiff was to furnish a stock of goods, and was to pay
The facts that goods were bought in the name of “ Soule and Partridge,” and that bills were made out to and the goods shipped to “Saule and Partridge,” are immaterial in this case. If the parties held themselves out as partners, and thereby induced any person to give credit to the supposed partnership, they might be liable to such person, by way of estoppel. Rice v. Barrett, 116 Mass. 312. But the debt of the attaching creditor in this case was a private debt against Soule, contracted before the agreement was made; as to him, there is nothing shown in the case which estops the plaintiff from proving that in fact there was no partnership, and that Soule had no interest in the goods attached.
Judgment for the plaintiff affirmed.