McCowen v. Aldred

(After stating the foregoing facts.) The first ground of the amended motion for a new trial complains of the following portion of the charge of the court: “I charge you, gentlemen, in order to constitute a partnership, there must be liability on the part of the partners to sustain the losses and also to enjoy the profits, if any.” The fifth special ground complains of the following charge: “A joint interest in partnership property or joint interest in the profits and losses of the business shall constitute a partnership as to third persons. A common interest in profits alone shall not.” It is…