Alfred Kearney & Co. v. Robert Fenner & Co.

This action was instituted upon five promissory notes, payable to the order of plaintiff, and signed “ R. Fenner & Co.”

The petition alleges, that the firm of R. Fenner & Co. is a commercial partnership composed of Robert Fenner and William Crawford.

Citation issued to “ R. Fenner <& Co.,” and was served upon R. Fenner in person.

Judgment by default was rendered and confirmed.

The only evidence offered to confirm the default was “ the five notes sued upon in this case.”

The judgment was against Robert Fenner and William Crawford in solido. They have separately appealed, and assign for error, that…