Duck v. Abbott

Abbott, the appellee, sued Duck, the appellant, before a justice of the peace, on an account, for his interest in the proceeds of the sale of sacks, in the hands of Duck, and recovered a judgment. The case was appealed by Duck to the Circuit Court.

*350Iii the Circuit Court, upon a motion being made by the defendant below to dismiss the suit for want of a sufficient cause of action, the plaintiff, by leave of the court, filed an amended cause of action, in which it is averred that, in 1862, the plaintiff and defendant, and one John C. Craig, entered into a partnership for the purpose of buying and…