Congdon & Aylsworth v. H. W. Monroe & Co.

Gould, Associate Justice.

Appellants, in their petition, alleged that H. W. Monroe and John Monroe composed the firm of H. W. Monroe & Co.; alleged a sale of goods to the firm, and, after praying for citation to defendants, prayed for judgment for their debt and for equity and general relief. The defendants filed separate answers, not verified by affidavit, denying the existence of the firm and denying the alleged indebtedness. Evidence was admitted, over the objection of appellants, establishing that there was no such firm as H. W. Monroe & Co., but that H. W. Monroe carried on business in…