
    GILROY v. LOFTUS et al.
    (City Court New York, General Term.
    May 11, 1897.)
    Action by John J. Gilroy against Thomas J. Loftus, impleaded with another.
    Oppenheim & Severance, for appellants.
    Wensley & Gilroy, for respondent.
   PER CURIAM.

The question of fact as to whether the defendant Thomas J. Loftus was a partner of his brother W. C. Loftus, or held himself out as a partner of W. C. Loftus, and thus became liable to the plaintiff under the written contracts signed by W. C. Loftus, has been closely contested. There is no doubt that the defendant could, under certain .circumstances and conditions, make himself liable. It is not disputed that the work was performed, and therefore the serious question of the liability of this defendant is the one at issue. We think, while the facts are close, yet there was enough presented, and that the same was fairly left to the jury, who found for the plaintiff. Finding no error prejudicial to the defendant, the judgment is affirmed, with costs.  