Ralston v. Moore

Mitchell, J. —

This was a suit on a joint and several promissory note, dated January 13th, 1875, payable to Isaac Moore, due one day after date, and signed “ J. & D. A. Ralston.” The action was originally brought against David A. Ralston and J. Ralston. Before the issues were completed it was dismissed as to the latter.

David A. Ralston pleaded in abatement, in effect that during the years 1872 and 1873 he and one John Ralston were partners,, under the firm name of “ J. & D. A. Ralston,” and that the note was given by them jointly; that afterwards the defendant withdrew from the firm, leaving…