¶1 left the question of partnership to the jury; defining it to be an association for the purpose of trade, where each party is to receive and bear his proportion of profit and loss; and instructing them, as to the other question, that it depended on the fact whether Conelly was a known or a dormant partner. If he was unknown-to the defendant, who dealt with McCabe' alone, then McCabe had the right to sue him alone.-
¶2 The plaintiff had a verdict*-