Funk v. Babbitt

This was assumpsit, brought by Erasmus D. Babbitt, appellee, against Francis M. Funk, the appellant, and one Ira Lackey, as partners, under the firm name of Funk & Lackey. The fifteen special counts of the declaration counted upon fifteen promissory notes claimed to have been made by the firm to appellee, and the declaration also contained the common counts. The firm had been dissolved a year or more prior to the commencement of the suit. Lackey made default. Appellant interposed four pleas: non-assumpsit, no consideration, that he did not execute the notes, and denial of joint liability; and…