Wharton v. . Woodburn

His Honor left it to the jury, as a question of fact, whether, at the time of the transaction, an actual partnership existed between the brothers; and instructed them that if it did not, they must find a verdict for the defendant. The jury were also instructed that if the copartnership did then actually exist, but the money was borrowed for Watson only, and that was known, the plaintiff could not recover. But that if the partnership then existed, and it was borrowed professedly for the firm, and was so understood by the lender and the surety, then the plaintiff might recover, notwithstanding…