Maclay v. Freeman

The defendant is sought to be charged as a member of the firm of Freeman & Brother. At the trial the court, at the instance of the plaintiffs, gave the following instruction: “If the jury believe that the defendant, William P. Freeman, was a member of the firm of Freeman & Brother, at New Palestine, Mo., in November, 1868, and subsequently theretS, or had any interest whatever in the stock of goods there, * * * or in the business of said firm, * * * they will find for the plaintiffs.” This instruction cannot be upheld. It states the law of partnership too broadly. The defendant might have had…