39 Minn. 404 | Minn. | 1888
By the complaint in this action the defendants are charged as copartners, doing business under the name of the “Vernon Dairy Company, ” for the price of milk sold by the plaintiff and by one Wright' and by one Noble, between the 1st of May and the 1st of September, Wright and Noble having assigned their causes of action to the plaintiff. The defendant Grant interposed a defence, putting in issue the alleged copartnership, as well as the other facts alleged in the complaint. The question to which our attention will be principally given is whether the case justified a recovery against Grant. The respondent does not now attempt to sustain that recovery upon the ground that a copartnership actually existed during the period over which these sales extended, but upon the theory that Grant was, with his own consent, held out as a partner responsible for the debts contracted in thé prosecution of the business by Vernon. In this connection we will say, without referring particularly to the evidence, that there was evidence in the case to have justified the conclusion by the jury that Grant had been thus, by his own consent, placed in a position where he would be estopped to deny his responsibility as to those who might be shown to have acted upon the faith of that responsibility. But as there was no partnership in fact, and no contract with Grant, it was necessary, in order to charge him with liability for the obligations of Vernon, with whom the contracts sued upon were made, that a case should be presented which would justify the inference that the parties whose accounts are here in question had reason to believe, at the time of the transactions, that Grant was or had been held out to be a partner. Thompson v. First Nat. Bank, 111 U. S. 529, (4 Sup. Ct. Rep. 689;) Denithorne v. Hook, 112 Pa. St. 240, (3 Atl. Rep. 777;) Wood v. Pennell, 51 Me. 52; Hefner v. Palmer, 67 Ill. 161. Upon this point the plaintiff offered proof, which was excluded; and, with a view to another trial, we will
The objections to the verdict to which we have referred were not
Order reversed.