Garbett v. Gedney

The only question which the defendants’ attorney asked to have submitted to the jury was, “Were the *441defendants copartners at the time of the transactions in question ? ”

The trial justice declined to submit that question to the jury and directed a verdict in favor of the plaintiff for $1,253.46, and he was right in so doing.

It appears from the undisputed evidence that up to about December, 1890, the defendants were copartners in business, and that subsequently the defendant William H. Gedney and son, with the knowledge of his codefendant herein, and under that name, conducted the business…