Daniels v. Bayles

Opinion by

Judge Lindsay :

The object of this action was to charge Daniel with the payment of money had and received by his former partner, Porter. Appellee, conceding that the partnership had been dissolved, or that the parties had pretended to dissolve it, before the loan was made, undertook, in his petition, to make out a state of case that in law would entitle him to recover, notwithstanding the dissolution.

Among other things he alleged the existence of the partnership, and that he had dealt with the firm, and loaned it money, which was repaid, and that' he had, at the time of the loan, no…