Cooper Co. v. Smith

GALLAGHER, Chief Justice.

This suit was brought by appellant, the Cooper Company, Inc., against W. W. Smith and Lucy A. Smith as partners and as individuals, to recover a balance due on two promissory notes amounting in the aggregate to approximately $750 and for interest and attorney’s fees on said amount. Said notes were joint and several in form; were payable to appellant and signed “Smith & Smith, by W. W. Smith” and also by Lucy A. Smith. Appellant alleged that W. W. Smith and Lucy A. Smith were partners and that said notes were executed and delivered in extensio.n of a partnership…