Fletcher v. Dana

Charles D. Dana, John D. Wheeler, and Nicho¿as Merriweather, describing themselves as “partners doing business under the name and style of Dana, Wheeler, & Co.,” declared upon a promissory note payable to “the order of Dana, Wheeler, & Co.” Plea, the general issue. The cause was submitted to the Court without a jury; and on the trial the only evidence adduced was the note described in the declaration. The Court found for the plaintiffs and rendered judgment in their favour.

The question raised for our consideration is,' whether it was necessary 'to prove that the plaintiffs constituted the…