Graff v. Kinney

— The complaint in this action alleges that the note sued on was made by the defendants under their firm name of J. P. Kinney & Co.; that the defendants are husband and wife and that the materials for which said note was given were furnished for and benefited the separate estate of the wife.

It is not alleged that Mrs. Kinney personally signed the note, and her individual name does not appear on it. She cannot therefore be made liable upon it unless the signature John P. Kinney & Co. is sufficient to bind her, and this depends on the further question whether there was a valid partnership…