VAN DYKE v. BIXBY


388 Mass. 663 (1983)

448 N.E.2d 353

EDWIN S. VAN DYKE & another vs. FRANK E. BIXBY, JR. & others.

Supreme Judicial Court of Massachusetts, Essex.

April 8, 1983.


Attorney(s) appearing for the Case

Raymond J. Kenney, Jr., for the defendants.

Jan Richard Schlichtmann (Kevin P. Conway with him) for the plaintiffs.

Present: WILKINS, LIACOS, NOLAN, & O'CONNOR, JJ.


WILKINS, J.

The plaintiffs recovered judgments against the defendants solely on the theory that as partners of Richard E. Alt (Dr. Alt), a physician who died in 1975, they were liable for Dr. Alt's negligent treatment of the plaintiff Edwin S. Van Dyke (Van Dyke). In this appeal the defendants argue that the admissible evidence did not warrant a finding that a partnership existed and that, if a partnership did exist, there was no evidence warranting a finding that...

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