McCarty v. Harris

Suit was brought by the administrator of Benjamin G. Harris against William F. McCarty on certain promissory notes made by the latter and payable to the plaintiff’s decedent. The defendant pleaded never promised, never indebted and also specially that the notes sued on had been given' by the defendant to Benjamin G. Harris, whilst Harris and the defendant were co-partners, and that the notes had relation to a partnership transaction which has not yet .been consummated inasmuch as the affairs of the partnership have not been adjusted. Issue was joined on the first and second pleas; the third…