Napoleon Farmers' Elevator Co. v. Dunahey
North Dakota Supreme Court
Appeal from an Ader of the District Court of Logan County, F. J. Graham, J. Neither Games nor any other party to the contract, considered or intended there should be any partnership-. The business was conducted by Dunahey as an individual. It had none of the earmarks of a partnership. Grigsby v. Dey (S. D.) 70 N. W. 884. The participation of one in the profits of the business without having an interest in or right to control the business does not make him a partner.
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Appeal from an Ader of the District Court of Logan County, F. J. Graham, J. Neither Games nor any other party to the contract, considered or intended there should be any partnership-. The business was conducted by Dunahey as an individual. It had none of the earmarks of a partnership. Grigsby v. Dey (S. D.) 70 N. W. 884. The participation of one in the profits of the business without having an interest in or right to control the business does not make him a partner. Something more is essential. 'Conklin v. Barton, 43 Barb. 435; Dutcher v. Buck (Mich.) 55 N. W. 676; Beecher v. Bush (Mich.) 7…
1ConcurrenceBronson, J.
(specially concurring). The sharing of profits is a test of partnership. Comp. Laws 1913, § 6386; Frankel v. Hiller, 16 N. D. 387, 113 N. W. 1067, 15 Ann. Cas. 265. It is not, however, a conclusive test. Profit sharing in a transaction as a means to compensate for the use of money may exist without rendering the lender liable as a partner. The test- seems to be whether money advanced for profit sharing was made as a loan or as an investment in capital. Rowley, *544Parta. § 80. If advanced in a venture as an investment in tlie capital a partnership is created. Frankel v. Hiller, 16 N. D. 387, 397,…
2Cases cited7 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Richardson v. . HughittNew York Court of Appeals · 1879
- Frankel v. HillierNorth Dakota Supreme Court · 1907
- T. R. Foley Co. v. McKinleySupreme Court of Minnesota · 1911
- Kirkwood v. SmithNew York Supreme Court · 1905
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