#### Sterling Wholesale Grocery Company, Appellee, v. L. H. Risetter and J. W. Rhoads, trading as Risetter & Rhoads, Appellants.

Gen. No. 6,352.

(Not to he reported in full.)

Abstract of the Decision.

1. Partnership—when evidence sufficient to support judgment against partner for goods furnished partnership. Evidence held sufficient to show that one of two defendants charged as partners knew that certain goods were furnished by the plaintiff on the strength of such supposed partnership and upon his financial responsibility, and to support a finding and judgment against such defendant for the price of the goods, in an action to recover such price.

2. Partnership, § 34 * —when person holding himself out as partner becomes liable as such. A person who may hold himself *62out as a partner does not for that reason alone become liable as a partner except as to those who may be misled by such holding out.

*61Appeal from the Circuit Court of Lee county; the Hon. Richard S. Fabrand, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed February 10, 1917.

Statement of the Case.

Action by Sterling Wholesale Grocery Company, a corporation, plaintiff, against L. H. Risetter and J. W. Rhoads, partners, trading as Risetter & Rhoads, defendants, to recover $515.55 for merchandise sold and delivered. From a judgment for plaintiff, defendant Risetter appeals.

W. H. Winn and C. F. Preston, for appellants.

Phillip H. Ward, John E. Erwin and Harry Edwards, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Carnes

delivered the opinion of the court.

*623. Instructions, § 151*—when properly refused. It is not error to refuse to give instructions already given in effect.

4. Partnership, § 246*—what evidence is competent to show liability as partner. A person’s statement that he had an interest in a certain business and that of his supposed partner in his presence as to their partnership, and the latter’s acts in advertising and conducting. the business in the partnership name, held competent evidence to show such person’s liability as a partner, in an action to recover against such person, as a partner, for goods sold and delivered.