Tootle v. Cook

Kate Tootle, W. E. Hosea, H. W. Wheeler and Joshua Motter, copartners as Tootle, Hosea & Co., merchants at St. Joseph, Missouri, brought their action against the defendants, John Davis and Thomas W. Cook, copartners as Cook &' Davis, merchants, doing business at Trinidad and El Moro, ■ Colorado, to recover a balance due from the defendants for *112goods sold and delivered. Default for want of appearance was duly entered against the defendant Davis. Cook answered separately, and, as between him and the plaintiffs, the issues were duly joined. A trial was had, and notwithstanding the prior default…