. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. f^.. AMidmt lu. Co. \\' MONTREAL LAW B«PORT8. * - being a member of that Urm, althoagh both an« weirs con- tain a contradiction of the literal stating that John S. McLachfan ^ad a continued and active interest and had an interest in profits; therefore, was still a partner- Again, by the 8th of defendants' articulation of facts,' it is admitted that the insurance was of the individual partners by name and, by the 16th, it is admitted that Biisxey, the new partner, became i^arty to
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. f^.. AMidmt lu. Co. \\' MONTREAL LAW B«PORT8. * - being a member of that Urm, althoagh both an« weirs con- tain a contradiction of the literal stating that John S. McLachfan ^ad a continued and active interest and had an interest in profits; therefore, was still a partner- Again, by the 8th of defendants' articulation of facts,' it is admitted that the insurance was of the individual partners by name and, by the 16th, it is admitted that Biisxey, the new partner, became i^arty to the contract entered into by^he policy and that,' on notice from the firm as it then stood, thus admitting that any changes ^-made bv dissolution^ or registrations were acquiesced in, and had not affected the,position of the otherj^arties as partners. - • ^ It is urged that, because a new .trial had not been asked for, the {>laintiff8 tave lost any such remedy, to this, I would answer that, to my mind, the ploiiitiffs seem quite as much entitled to judgment as the defendants; that, if not so, the verdict is, a special one, subject to .the control of the Court irtid/to the/application of a proper remedy. I would set af^ide the/verdict and all proceed- ings back to the plaintiffs' answers to defendants' pleas, direct a new definition of the fafcts for the jury with leave to the parties to proceed by vefire denovo, or in such otjier manner as they may be entiued, to tiry the case on a pro-^ per definition of facts, and Mb thus ordered by this Oonrt. I may refer for a precedent to the case of Tobm v. JUuri- son, Moore's Priv|^Oounc(l Reports, p, 110, but to be found more at length in 2 Legislation, p. 200. it was decided by«thii Court, 27th September, 1889, in the case of Davie Sf- sJveMtre, M. , 5 Q. B. 148, that under Art. 1881 of thl Civil Code, participation in the profits carried with if liability as a partner. DpBioN, Ch. J. I agree with th^ judgment of t
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