title:
William Wadhams, doing business under the firm name and style of Wadhams & Co, Appellant, v Alfred Page and Joseph Green, partners doing business under the firm name of Page & Green, Appellees, Brief of Appellant.
title:
111
creator:
William Wadhams
contributor:
Thomas Burke
contributor:
Andrew Woods
date:
1890-10
publisher:
Washington State Supreme Court
type:
Civil
subject:
Contracts
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, King County.Action by William Wadhams, doing business under the firm name and style of Wadhams & Co., against Alfred Page and Joseph Green, partners doing business under the firm name of Page & Green, to recover a balance upon an account for goods, wares and merchandise sold and delivered by Wadhams & Elliott to defendants. Prior to trial, the firm of Wadhams & Elliott assigned in writing all their accounts and claims to William Wadhams, the appellant herein. The facts appear in the opinion.Partnership – Liability of Retiring Partner – Novation – Preponderance of Evidence – An agreement between two partners upon the dissolution of partnership that the debts of the firm shall be assumed and paid by one of them, is of no effect as against a creditor of the firm, although notified of such arrangement, unless the creditor assents thereto; and mere silence on the part of the creditor, or delay in making demand, is not evidence of such assent.In an action by a creditor against a retiring partner to recover a partnership debt, an answer alleging that the creditor had agreed to look to the other partner for its payment, is an affirmative defense, and, as such, must be proved by a preponderance of the evidence, and it is error to instruct the jury that “it is not necessary that he prove it by more testimony than against it.”
relation:
Wadhams v. Page, 1 Wash. 420 (1890)
relation:
25 P. 462
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf