17 Ga. App. 639 | Ga. Ct. App. | 1916
Suit was brought upon a series of promissory notes, against two persons, B. L. Gose and J. A. Ashley, under the firm name of B. L. Gose & Company. It was alleged that they were partners engaged in a commercial enterprise under this firm name, and, as such partnership, executed the notes sued on. Gose pleaded no partnership. Upon the trial the eridence tended to
Hpon this evidence the judge directed a verdict in favor of the defendant, and the jury accordingly found that there was no partnership. So the question is whether there is any evidence to support the theory of partnership, from the relation which the evidence establishes to have existed between Gose and Ashley. There was an admission in the evidence on the part of Gose that there was a partnership which had existed for 12 or 14 months prior to the time the business was wound up. Whether this was true or not, and whether this admission was of sufficient probative
The plaintiff’s counsel asked the witness Ashley the following question: “Did he, Gose, make any objection to your borrowing money in this way and using it in connection with the business ?” The witness answered, “No;” and, on objection, both question and answer were ruled out by the judge. In view of all the evidence in the case, we are of the opinion that this evidence was both relevant and material, and should have been permitted to go to the jury. Whether or not Ashley was borrowing money upon the credit of Gose & Company, to be used in the business and with the knowledge of his alleged partner, Gose, was both material and relevant upon the question as to the existence of the partnership. The course of dealing between the alleged partners might have been such as to clothe Ashley with the power of a partner in the administration of the partnership effects. The record shows that the notes were renewed many times, and always in the partnership name of E. L. Gose & Company; and certainly if Gose knew that his name was being used as a partner and the notes being renewed in the partnership business on .the strength of the fact, it might have some weight, at least, in determining his real relation with Ashley. We think therefore that the court erred both in excluding the testimony and in directing a verdict, and that a new trial should have been granted. The judgment is accordingly
Reversed.