Gay v. Bowen
Gay v. Bowen
Opinion of the Court
This case seems to fall within the principle stated in Bridge v. Gray, 14 Pick. 55, where it was held that upon a joint contract being established, the admissions of each joint debtor as to the existence, payment and settlement of the joint debt, are admissible to bind all the joint debtors.
The same general doctrine, in other language, is stated thus in 3 Stephens Nisi Prius, 2425: “ An admission made by one of two partners, after the dissolution of the copartnership, concerning joint contracts or payments during the partnership, is evidence to charge the other partner.”
Here the written contract, which is the foundation of the plaintiff’s claim, is a joint contract. It purports on its face to be so, and is conceded to have been such. The effect of the contract is controverted. ■ It is denied that it creates any joint debt or liability. It is said that the acceptance of this draft by the plaintiff proves that he had funds of the drawers in his hands to pay the same. However this may be, and whether such acceptance does or does not, prima facie at least. import the having funds of the drawers adequate to meet the
Exceptions overruled.
Reference
- Full Case Name
- Hamilton Gay v. John Bowen & another
- Status
- Published