Adams v. Neeley

Neeley brought an action of assumpsit against Adams, Chase, and Mix. All of the defendants were summoned. The declaration was upon a promissory note, made by the defendants as partners, under the style of Mix & Co. Adams pleaded in abatement of the action, that the defendants were not partners at the time of the execution of the note. Chase pleaded that the note was executed by Mix in the name of the firm, to secure the payment of his individual indebtedness, and without the knowledge or consent of his co-defendants. Both pleas were verified by affidavit. Chase also pleaded non assumpsit. The…