Kelley Island Lime & Transport Co. v. Masterson

BROWN, Associate Justice.

Certified question from the Court of Civil Appeals, First District, as follows:

The Kelley Island Lime and Transport Co. sued H. Masterson as a member of the partnership doing business under the firm name of H. W. Downey & Co. The purpose of the suit was to recover the value of certain goods purchased by the firm. On allegations that H. W. Downey was dead and that George B. Kelley, the third member of the alleged partnership was insolvent, Masterson alone was made defendant.

From a judgment by the court below in favor of Masterson the cause is pending before us on…