2 Binn. 245 | Pa. | 1810
In this case an exception was taken to two opinions of the Court of Common Pleas given in the course of the trial. The action was on a promissory note, signed by John Widdijield and company; and the question before the jury was, whether John Widdijeld, William Turn-bull and Anthony Morris were joint partners under the firm of John Widdijeld and company. The plaintiff produced George Widdijeld as a witness, who swore that “ the three defen- “ dants had an agreement drawn up of partnership between M them; but whether written or printed he did not know, as “ he had not seen it; he knew there was such an agreement, “ because William Turnbull and John Widdijeld told him “ so.” After this evidence was given, the defendant’s counsel insisted, that as the plaintiff’s witness had proved, that if there was a partnership it was contracted by a written instrument, no parol proof could be received of the partnership, but the instrument itself should be produced to the jury, or if in possession of the defendants, notice should have been given to them to produce it; they therefore prayed that the defendant might be nonsuited. But the court refused to non-suit him, and gave their reasons. It is unnecessary to give any opinion concerning the reasons assigned by the court, because whether they are good or bad, I think they were right in refusing the nonsuit. This court have declared their opinion in the case of Girard v. Gettig
Judgment affirmed.
