Abbott v. Omaha Smelting & Refining Co.
Nebraska Supreme Court
This was a petition in error to reverse a judgment rendered against S. O. Abbott for the sum' of $2792.18, in the district court of Douglas county.
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This was a petition in error to reverse a judgment rendered against S. O. Abbott for the sum' of $2792.18, in the district court of Douglas county. He was sued there, with several others as co-partners, under the firm name of The Register Smelting and Refining Company, and on the trial asked - the court to instruct the jury as follows: 1. Unless the jury believe from the-evidence that Abbott held himself out to the public or plaintiff as a partner in the alleged company, or that he was entitled to receive a part of the profits, and bear a part of the losses, if any, they must find for the…
1Opinion of the CourtGantt, J.
The defendant in error, The Omaha Smelting and Refining Company, sued the plaintiff in error and.others, as co-partners, doing business under the name of The Register Smelting and Refining Company, to recover the balance of an account, claimed to be due and owing to it from the plaintiff and others upon business transactions between them. The plaintiff and one Josslyn were the only parties served with'process. The plaintiff in error answered the petition, and denied the co-partnership or that he ever became indebted to the defendant in error in any sum whatever; but alleged that by virtue of…
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