(DOWNLOAD) "Moore v. Huntington" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Moore v. Huntington
- Author : United States Supreme Court
- Release Date : January 01, 1873
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Messrs. John S. Watts, W. M. Evarts, and J. W. Noble, for the appellants; Messrs. W. W. McFarland and S. B. Elkins, contra. We are of opinion that the ruling which decided the interest of Webb in the Fort Union branch of the concern to have been one-third was erroneous. No witness ever saw any articles of agreement. It is not contended now that any such were proved to have had an existence. No witness was ever present at any conversation between the partners on that subject. One witness, a brother-in-law of Webb, states that he heard Webb say he was an equal partner in the business, which statement was made while Moore was in the room where it was said, but he cannot say that Moore heard it, or that it was said in his immediate presence. Other declarations of the decedent are proved to the same effect, but they are not competent evidence. The statements of Moore and Mitchell are explicit responses to allegations which they are called on to answer, and they are unshaken by anything in the record. It must be held that the interest of Webb in the Fort Union branch of the business was only one-eighth.