25 Minn. 212 | Minn. | 1878
From the evidence in the case, it appears that the sheep in controversy were’ bought in Chicago by Hankey, with the proceeds of three car-loads of cattle, sent from St. Paul to Chicago, and there disposed of by Hankey through his agent at that place. Of the three car-loads of cattle, one belonged to Hankey alone; in one, he was interested with Horn; and the other had been purchased by Arimond, the execution debtor, with money furnished by Hankey, under an agreement by which Hankey was to furnish the money, Arimond to buy the cattle and bring them to St. Paul, and they were then to be shipped to and sold in Chicago, and the parties were to divide the profits equally. This agreement made them partners in the business of buying and selling the cattle, and also in the ownership of the cattle. With
The court below instructed the jury, that the mere fact that Arimond was to have an interest in the profits of the sheep, after they were slaughtered and sold, would not give him a leviable interest in the sheep themselves. This is in accordance with the rule we have stated.
The court further instructed the jury, that “unless these sheep were bought with the proceeds of the cattle, with the understanding on the part of Arimond, that his profits were to go into them, or unless, after they were bought, he agreed with Hankey that his interest in the profits should be considered as represented by the sheep, and that he was to have an interest in the sheep, then he had no interest in the property which could be levied upon by the sheriff.” This is simply a statement of the proposition that Arimond could not be made owner of an interest in the sheep, and bound by the investment in them of his share of the profits in the cattle, without his consent either previously or subsequently given,
Order reversed, and new trial ordered.