Boeklen v. . Hardenbergh

After the judge had charged the jury, and they had retired to consider their verdict, they returned into court, and asked instructions as to two propositions, one of which was, "whether the fact, that the defendant Hardenbergh owned an interest in the adventure for which the work was performed, made him liable." The judge said in answer, that the fact that he owned an interest in the patent did not necessarily make him a partner of Smith, and liable to the plaintiff. The instruction given was correct. Joint ownership with Smith in the patent, did not alone make them partners. (Porter v.…