55 Wis. 157 | Wis. | 1882
This action was before this court on a former appeal, and is reported in 47 Wis., 375. A statement of the case will be found in that report. It is sufficient to state here that the action was brought against the appellant and Augustus Covert, charging them, as partners, for a balance due for coal alleged to have been sold by the plaintiff to the firm between December, 1876, and February, 1877. The defendant Augustus Covert made default. The appellant answered, denying that he was a partner with Augustus after
The learned circuit judge gave the jury several instructions proposed on behalf of the appellant, and also delivered a carefully prepared general charge, in which the rules of law by which the question of partnership should be determined were fully, clearly and accurately stated. He refused, however, to give the following instruction proposed by counsel for the appellant: “An agreement or understanding that George Oovert should let Augustus Covert occupy his one-third interest in the Clinton elevator, and the fact that he lent or should lend him money to be used in the business,
There was sufficient evidence in the case of the alleged partnership, at least until March, 1874; of the general reputation that it continued until after the sale and delivery of
We could not perceive on the former appeal, and cannot now, how the plaintiff could show that he knew it was reputed that the appellant continued to be a partner with Augustus, and that he delivered the coal on the faith and credit of the firm, by any other kind of evidence. The judge in his charge carefully instructed the jury that this testimony did not tend to prove the existence of a partnership in fact at any time, and confined it strictly to the question as to whether the plaintiff knew that the partnership was generally reputed to exist. On the former appeal the judgment was reversed because the court excluded testimony offered by the
Some other exception's to the rulings of the court appear in the record, but it is believed that none of them, not specially referred to in this opinion, are of sufficient importance to require discussion. Finding no material error disclosed in the record, we cannot disturb the judgment of the circuit court.
By the Court.■ — -Judgment affirmed.