Cirkel v. Croswell
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county against defendants Croswell and Charles Ellis, William Stevens and I. P. Tidd, to recover for goods alleged to ha^ve been sold and delivered to them as partners under the name of the Minneapolis Barrel Company. Defendants Stevens and Croswell each answered separately, denying the partnership. At the trial before Koon, J., and a jury, the plaintiff had a verdict.
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Plaintiff brought this action in the district court for Hennepin county against defendants Croswell and Charles Ellis, William Stevens and I. P. Tidd, to recover for goods alleged to ha^ve been sold and delivered to them as partners under the name of the Minneapolis Barrel Company. Defendants Stevens and Croswell each answered separately, denying the partnership. At the trial before Koon, J., and a jury, the plaintiff had a verdict. The defendant Croswell appeals from an order refusing a new trial.
1Opinion of the CourtBerry, J.
The main question on this appeal is whether there is evidence reasonably tending to show that Croswell was, or that he held himself out to be, a partner of Stevens. We are by no means prepared to say that the facts testified to do not raise a reasonable inference of partnership inter se; but, however this may be, clearly there is testimony fairly tending to show that Stevens and Croswell held themselves out to be partners so’ as to be liable as such to third persons. Such holding out may be by words spoken or written, or by conduct leading to the belief that one is a partner. This is but an…
2Cases cited4 opinions
- Lampsen v. BranderSupreme Court of Minnesota · 1881
- Peck v. SmallSupreme Court of Minnesota · 1886
- Peterson v. FaustSupreme Court of Minnesota · 1882
- Eldridge v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
3Cited by5 opinions
- Meinhard, Schaul & Co. v. Bedingfield Mercantile Co.Court of Appeals of Georgia · 1908
- Link v. Union Pac. Ry. Co.Wyoming Supreme Court · 1892
- Look v. C. A. Watson & SonsSupreme Judicial Court of Maine · 1918
- Plyer v. German-American InsuranceNew York Supreme Court · 1888
- State v. SwedbergSupreme Court of Minnesota · 1924