The national Republican., 1867-12-11

No,9J Alfred Ingraham ct al, piaintiffs in
l error, VS.. Thomas ]. Mcintyre, heirs. In error
e, the high court o. erfort md syps.i. q Ms.
dismissed under the 10th rule
II Ihs Rnsst SseS A,Si,uss Con-
This cause was submitted to the confederation
Of the court In printed argument " Mssgrs. Cars
Isle and Lander, Of counsel for pisfrHfn To
M; %, q ?; y Drary 6 s. A., n sPPs,l.n,:, vs.. MI MI
$ printed Th Under 'is sSs
,No. 2 Jaspet Strong, plsin,ia' g error, vs.. The
commenced by Mr.. Natha1iei Wilson, of counsel
for plaintiff in errors continued by MI hshton,
for defendant In error, and concluded and EiN
f. p; stanton, for plaintiff In error. .
Adjourned until tomorrow at II o'clock.
TIE case Of Jacob Thompson, ,ste Of Mi.'ii,ippi.
action was brought BY the defendant in error to
recover Of the plsintiifs in error commission Of
twelve thousand dollars, which II is alleged they
agreed 70 pay him for procuring. for them puf-
state Of, ,Mississippi, apI he having introduced
the parties, LEROY NJ. Wiley Ssa WIN. q. Lane,
Of New York, who Stttslit dfd Purchase the
The defendants pleaded that they were rdt to
pay Bowman the per centum unless the land was
| " u
they were not sold for that sum, nor through his
Influence In any manner whatever On the first
trial was granted, and beforeit came on, In June,
error, Sand foSmdriy secfclary u lie % interoa or
under James Buchanan, and late the notorious
operator on the Canadian border,J moved Tor
leave TO nle a separate plea OF non-assumpsit,
ayerring that he meyer was partner trading in
%oton he made sdsvit that he e he IS state sa
OF Mississippi IN March, 1851 and afterwards
never served with process, and never heard of
the suit until July, 1858, when he was on a tenn
porary visit to the State Of Mississippi, that he
never authorized any attorney to appear for him
He also ayerrcd that his defendants were
merely tenants IN common OF the lands. This
| motion was resisted, and the application was
subsequently denied. The second trial resulted
in favor OF Bowman for the amount claimed.
decide according to the preponderance OF the
evidence, and need not be satisfied beyond rea-
sonablc doubt as to the existence or terms OF the
ner within the scope Of the partnership, Is the
agent OF all the partners; that each partner may
anG SsrsS on g Sm s1
commissioni that the verdict must be for the
To this charge of the Court, and to the ruling
in respect to the admission OF certain evidence,
exception was takenj and the case comes here
thereon.
The most Important of the exceptions, and the
one chiefly relied on for reversal OF the judg-
ment below is that relating TO the admission Of
the evidence ot certain witness, one Anderson
called by the plaintiff below to prove that AFTER
the lands belonging to the defendants, in RESPECT
OF which the partnership existed, and in respect
to which the commissions sued for were claimed.
had been sold to Wiley. Powell, one of the de-
plaintiff the amount claimed il he would And or or
Introduce purchaser for the lands, The Court
mony touching the admission OF Powell, subse-
quent to the sale, as to the prior agreement.
The plaintiffs in error contend, In regard to
stitutcd the sole subject-natter or the alleged
partnership, the sale Of those lands worked a
expire, first, "by the extinction OF the thing
which constituted the sole subject matter OF the
psrtn,SrshlpS, second, "by the completion or ae-
the partnership was formed" An example OF
the first sort would bea case where "two persons
IN be- hv b should Jointly buy
profit as partners and the sh p should afterwards
be totally lost or destroyed. That would consti.
exposition OF the actual intendmeut and under r.
standing Of the parties" tstory on partnership,
The principle is now settled by the adiudic.-
tons Of this court well as Of the highest courts
OF most OF the commercial States Of the Union;
that the Acknowledgements, declarations, or
statements of partner, made after the dissoIu.
81 az the 5sa
the partnership during its continuance are moi
. binding as evidence or otherwise upon the Other
declarations, acts, and knowledgments have
no greater effect than those OF any other agent
Of the partnership made or done after his agency
The charge of the court, therefore, was mani
testify erroneous. 1t was rredinatsd upon the
theory OF the existence OF partnership between
the defendants in respect to the land In estior
"a theory which finds no support In the evidence
testimony proving or theory to prove that the
uelehuhhts were partners In the ownership OF
the landsi and yet the court, without evidence
partnership relation, and PLACED the case before
the Jury simply as one to which the law of part.
be corrected by the granting Of a new trial. ThS
plalntiH had no case unless the defendants were
partners, and unless the alleged admissions Of
Powell, after the sale, were admissible evidence
against the other defendants. There was nc
such priority between them on any other view Of
that relationship as would render the admissi sions
Of one, evidence against the others.
rhe defendant In error replies that Poweirs
and he being PARTY defendant below there usT wa,
no law OF Mississippi by which his Testimony
could be more available to the plaintiff below,
ations be shown collaterally. The charge Of the
court as to the prepondcrance of evidence was
sustained by the universal rule in the civil
This cause having been In the docket for som
years, 1t Is disposed of on the original status OF
Inc parties, no question being made as to Mr..
Ihompson's standing In court.
j. >. Black, J. N. Carlisle, and J. Hubley Ash.
.ou ior plhlntlH5 IN error heNerdy johnson for
defendants In error.
Residences Of the Chief Justice and Associate Jus.
ticcs Of tho Supreme Court Of the United States:
OF Mr.. Chief Justice Chase, northwest corner Of and
Sixth streets,
Mr.. Justice Nelson, National Hotel.
Mr.. Justice Gricr, No, 9 north street
Mr.. Justice Clifford, National Hotel
Mr., Justice Swaync, No. 9]2 Y street,
Mr. Justice Miller, National Hotel,
Mr.. Justice Davis, National Hotel.
Mr.. Justice Field, No, 22 street.
OFFICERS or rHE COURT,
d. W. Middleton csq,. clerk. No. sos New Jersey
avenue. $500.
John VIM. Wallace, esq . reporter, National Hotel.