Chalmers

The plaintiff brought this action as a partner of the defendant, Alexander Chalmers, and one Brown for an accounting. He claimed that he and the defendants were members of a firm engaged in carrying on a dry goods business, and that the defendants forcibly took from his possession, and without his consent, a stock of goods composed of a general assortment of dry goods, dress goods, and fancy ’goods, and that the firm had outstanding book-accounts to the value of two thousand five hundred dollars, which goods the defendants converted to their own uses, and deprived plaintiff of any use or ownership of them; that, the book-accounts were collected, and were being collected, by the defendants, and converted to their own use.

■ The defendants denied these allegations. A trial was. had, and a nonsuit moved for, which,was granted as to Brown, he not apppearing to have been a partner in the commercial business, but an employee.

The motion for a nonsuit was denied as to Alexander Chalmers, and, without an amendment of the pleadings, the trial proceeded as between him and the plaintiff on special issues submitted to the jury, as follows:—

To all of which answers of “ Yes ” were returned…

We concur in the judgment, but do not wish to be understood as agreeing to the proposition that a party can allege a partner- ' ship consisting of three persons and recover ujron proof *87 of a partnership consisting of two of such persons, even under the circumstances of this case.

' Paterson, J.„ took no part in the decision of this cause.