Samuel Ach Co. v. Thorpe

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued the defendants as members of a partnership composed of Arlo Thorpe, Mrs. Arlo Thorpe, and Mrs. J. E. Murphy, doing business under the trade name of “The Smart *813Hat Shop” as Thorpe & Murphy. The case was tried to a jury; and, at the close of the evidence, the court instructed the jury to return a verdict in favor of the defendants. That was done, and judgment was rendered accordingly.. From that judgment, the plaintiff appeals.

The plaintiff relies on the principle that where a person retires from a firm and another person…