Cole v. Boyd

• Decision Date: 19 October 1881
• Citation: 10 N.W. 124,47 Mich. 98
• Court: Michigan Supreme Court
• Parties: COLE v. BOYD.

10 N.W. 124

47 Mich. 98

COLE v. BOYD.

Supreme Court of Michigan

October 19, 1881

Special questions were submitted to a jury bearing upon the liability of defendants as partners. If answered in one way such a liability could not be established. They gave a general verdict for the plaintiffs but returned that they were not able to agree upon any of the special questions. Comp.Laws, � 6207, makes the special findings control the general verdict. Held, that a direction by the court that having found a general verdict they were bound to answer the special questions in harmony with it, and instructing them how to frame such replies, was error, as its effect was that the court and not the jury decided the material issues.

Special questions to the jury are to enable the court to learn what view they take of the material issues and to correct wrong inferences from the facts which they find to exist.

Error to Saginaw.

Tarsney & Weadock, for plaintiff in error.

Wisner & Draper, for defendants in error.

CAMPBELL J.

Charles L. Cole, the plaintiff in error, and Hiram D. Cole were sued jointly by defendants in error to recover the balance remaining unpaid of an account for certain goods furnished to one Robbins Jones. The two Coles were in partnership in the cheese business up to 1874, when the testimony tended to show they dissolved and Hiram D. Cole continued the business. We discover no evidence which could lawfully be received as against Charles L. Cole to make out any subsequent partnership, in favor of persons who had not dealt with the firm before. There is some testimony from Mr Boyd of various transactions--some by one and some by the other of the Coles, at different times, but we do not discover anything indicating partnership, except that Boyd inferred one from the use of certain letterheads which appear to have been used after the dissolution.

Boyd testified that in 1877 his firm was buying cheese of H.D Cole, and says "he wanted we should sell Jones what goods he might want, and he would see that we were paid for them. He said he wanted about $50 worth at that time, and said he would pay for them; that Mr. Jones had been in business there, and was somewhat unfortunate, and he wanted to render him some assistance, and wanted us to send him some goods--about $50 worth,--and said he would pay for them." This is the only evidence of any express arrangement, and this was not made in the name of any...