Huntington v. Chambers

The declaration in this case is in assumpsit, containing the common counts only, for goods, wares and merchandise, sold by appellees to appellant and one John Fife, who are declared against as partners.

Appellant pleaded the general issue and the Statute of Limitations.

The evidence tended to show that the goods for which the suit was brought were purchased of appellees by Fife, and the only defense relied upon by appellant was that he was not a partner at the time of the purchase.

The plea did not put in issue the fact of the partnership averred in the declaration. That fact could only he put…