124 Ark. 555 | Ark. | 1916
(after stating the facts).
But the testimony of the appellees was to the effect that they had.paid the notes in full. The receipt of November 23, 1915, although executed after the suit was brought, was introduced by the appellees without objection on .the part of appellants and it showed that appellee had paid the sum of $354, principal, and interest on one of the notes. The appellees had possession of the notes, which was of itself prima facie evidence^ that .same had been paid by them, and the fact that the endorsement of one of the credits was in the name of Walker, Watson and Hart and another in the name of J. W. Duncan does not tend to controvert the positive testimony on the part of the appellees that they paid the notes in full.
As was said in LaCotts v. Pike, 91 Ark. 28, “In order to constitute a partnership it is necessary that there shall be something more than the joint ownership of property. A mere community interest 'by ownership is not sufficient. This creates a tenancy in common but not a partnership. * * * Between the parties themselves it is essential that they shall share in the profits before it can be said that an agreement of partnership has been entered into and exists.” Citing authorities.
The testimony on the part of the appellees .shows an agreement for the joint purchase and ownership of a horse and the notes evidence a joint liability, but a partnership could not be presumed from this testimony, and the appellants have wholly failed to adduce any evidence that tended to prove the essentials of a partnership. See Roach v. Rector, 93 Ark. 526; Beebe v. Olentine, 97 Ark. 390, where the subject is discussed.
Appellants could read and write and the agent placed the book in their hands. There was nothing in the representations themselves that was fraudulent, and if appellants signed an instrument not knowing what it contained, the testimony shows that it was the result of their own carelessness.
As there was no defense to the notes, the_ appellants were jointly liable with the appellees, and as appellees had paid the notes appellants were liable to them for their pro rata share.
The judgment is therefore affirmed.