Lipe v. Webster

The parties will be designated as in the trial court. Lipe and Mosley were indebted to plaintiffs in the sum of $2,700, $1,700 of which was. due on open account; $1,000 of this indebtedness was evidenced by the joint and several notes of said defendants as partners. Suit was brought on the notes. Judgment was in favor of plaintiffs against Lipe, who has appealed. Mosley was discharged by the judgment.

No conclusions of fact were filed. The case is here on a statement of facts. The discharge of Mosley by -the trial court must have been based on Mosley’s claim that plaintiffs agreed with the…