Partnership – Partnership by Estoppel -Application to Tort Actions

Plaintiff-motorist brought action against defendant who, it was alleged, owned a truck which was driven into the rear of the plaintiff’s automobile. Defendant had arranged to take title to the truck from his son. The transfer was to be effective three days before the accident but was not in fact completed until after the accident. Defendant also had taken out insurance on the truck and had joined with his son in purchasing it and in taking out an ash-hauling license in which business the truck was used. Other trucks previously used in the business by defendant’s son had been carried in defendant’s name. Plaintiff sought to hold the defendant liable, either as actual owner of the truck, or as a partner with his son. A directed verdict for defendant was given below. On appeal, held, reversed. A jury question was presented upon the issue of whether or not ownership of the truck was in defendant at the time of the accident. The court also indicated that defendant might be liable as a partner by estoppel. Frye v. Anderson, (Minn. 1957) 80 N.W. (2d) 593.