Kellar v. Tilly, Scott & Adams

Judge Ewing

delivered the Opinion of the Court.

Keller and Buchanan, as remote assignees of Sprague, brought a petition and summons against Tilly, Scott and Adams, as co-partners, trading under the name and stvle of Tilly, Scott & Co. Adams plead a special plea of non est factum, which was joined, and verdict found against him; and Tilly and Scott making default, judgment was rendered against all the defendants.. Motion was thereupon made for anew trial, which was.sustained by the Court, and a new trial awarded.

At a subsequent term, the issue between the plain,tiffs and Adams was again tried,…