
    Asa Robbins et al. versus Alvarius Willard et al.
    
    
      Sept. 26th.
    
    Assumpsit against three as co-partners. Willard was defaulted, and after prima facie evidence of a partnership had been given, his declarations were admitted for the purpose of satisfying the jury of the existence of the partnership ; but the Court were clear that the evidence was inadmissible for that purpose. Tuttle v. Cooper, 5 Pick. 414. [2nd ed. 417, note 1.]
    Dewey, for the defendants,
    cited 3 Stark. Ev. 1072; Whitney v. Ferris, 10 Johns. R. 66; Whitney v. Sterling, 14 Johns. R. 215; 1 Yeates, 144.
    
      D. Wells and Grennell, contra,
    cited Nicholls v. Dowding, 1 Stark. R. 81; 2 Stark. Ev. 47, 406.
     