Gavin v. Walker

The only question in this case is whether the complainant, Gavin, is liable to the defendant, AYalker, on *644a note, executed to the latter by P. Smith, with whom Gavin was at the time in partnership, for borrowed money. The chancellor and the Referees have found that he was, and he excepts.

On January 22, 1873, Pat. Smith & Co. entered into a contract with the Paducah & Memphis Railroad Company, to grade certain sections of the company’s road. The firm was composed of Pat. Smith and two other persons, merchants in Memphis. The complainant purchased the interest of the two latter in the contract,…