Metcalf v. Officer & Pusey

Nelson, D. J.

1. The first issue for the jury to determine —“Is Mrs. M. E. Mead a secret or dormant partner of the firm of A. Bernard & Co.?” — was fairly and properly submitted. I have reviewed the charge to the jury, and the testimony upon that issue, and find no error. While it is true that general reputation is not admissible, in aid of other testimony, to prove a partnership, yet, when the issue is of the character presented here, and the inquiry is whether a member of a partnership is a dormant partner, such general evidence is admissible.

The definition of a dormant partner sanctions…