Morrow v. Adams

I dissent from Division 1 and from the judgment of affirmance. The charge objected to and considered in Division 1 of the majority opinion was tantamount to a direction to the jury that if they found certain evidence "there would be no partnership.”

Plaintiff contends that in order for her to prevail, it was necessary to prove there was a partnership existing between Henley and Adams, and that the trial judge charged so strongly against plaintiff that it virtually amounted to directing a verdict for defendant Adams on such issue. However, defendant Adams contends that the entire charge must be…