The declarations and acts of Jonathan Ferris *67are evidence toshow that he considered himself a partiler with Bostn,ick and Elija4 Ferris, but they are not evidence directly to implicate or charge Elijcth with being a partner. They were, therefore, admitted, in this case, in too broad a latitude, and we cannot say what influence they might have had with the jury in charging Elijah directly as a partner. We cannot certainly determine but that if those declarations had been understood and declared to operate only as an admission of Jonathan Ferris against himself, the jury might have formed a different verdict. As, therefore, the jury might have received and acted under an erroneous impression communicated by the judge, it is advisable that the case should be reconsidered.
