Weare Commission Co. v. Druley

Omitting what is irrelevant to the questions to be decided, this case is that the appellant commenced September 3,1890, an action of assumpsit against William M. Druley and Albert A. Druley, who were brothers and partners, and sued out an attachment which was levied upon land of William.

On the trial the court instructed the jury to find for the defendant on the issue formed upon the attachment. Whether that was error is the principal question.

September 5, 1890, William died, after being sick several months. August 19, 1890, he had executed and placed in the hands of another brother, Edwin, a…