by John Marshall Harlan

“ That the transportation companies owned no property in common, and that each was entitled, as between it and the others, to receive the net earnings of its own boat, is immaterial in view of the fact that they held themselves out, or permitted themselves to be held out, as jointly engaged in the business of transporting freights and passengers, in the same trade, on the Mississippi and its tributaries. ”

“ Whether, in a particular case, there has been such a 'holding out' as to create joint liability must always depend upon its special facts. No one of the cases cited resembles the one before us in its facts. This case seems to be unlike any found in the books in the peculiar relations existing between these transportation companies, the Kountz Line corporation, and the stockholders of each of them. ”

“ On the other hand, it is not disputed that, according to well-settled principles of law, a person not a partner or joint trader may, under some circumstances, be held liable as if he were, in fact, a partner or joint trader. ”