3 N.W.2d 498 | Minn. | 1942
We think the trial judge improperly dismissed this action. There is evidence in the record which we feel could have justified a finding in plaintiff's favor. However, we do not believe that exhaustive review of the evidence is necessary. The record contains the plaintiff's positive assertion that at the end of the first business year she received a profit dividend of $200 from the firm. Her husband's testimony went no further than to show that he had no recollection that this dividend was paid. But he did definitely admit that he had never paid plaintiff any interest on her money. Under this state of the evidence, the law says that receipt of profits from a business, not as interest on a loan, is primafacie evidence that the recipient is a partner in the business. Mason St. 1927, § 7390(4); 5 Dunnell, Dig. Supp. § 7346. Without more, the prima facie, case thus proved made it error to dismiss the action at that juncture. Carnes v. St. Paul Union Stockyards Co.
Necessarily, our consideration of this appeal is affected by the summary disposition which the case received below, and should not be construed to represent our views upon the evidence had findings adverse to plaintiff been made.
Judgment reversed. *327