Hill v. Wallace

This was an action to .recover the value of personalty alleged to have been sold on account to the defendants H. and S. as partners. H., the only defendant answering, denied the plaintiff’s material allegations, and specifically pleaded the nonexistence of the partnership. Two issues were raised by'the evidence, involving independent defenses: (1) whether *73the defendants were partners as alleged; (2) whether, even if the partnership existed, the property was not in fact sold to and purchased by S. upon his individual account. A verdict was returned against the defendants as partners, and TI.…