Demmy v. Dougherty

By the Court.

A new trial has been asked for in the present case on account of misdirection. The court instructed the jury that if a partnership was proved to have existed between the plaintiff, the defendant, and Mr. Seiler, and the accounts remained open and unsettled, the plaintiff was entitled to a judgment quod computet without proof that any money came into the hands of the defendant from any person whatever; and although common, it was not necessary to name any person in the narr through whom it was paid; and if laid, need not be proved. Was tins instruction correct? We were aware, at…