Chalfant v. Payton

Franklin, C.

— Appellant sued appellees for money had and received, and upon four several certificates of membership in the Immediate Marriage. Benefit Association of Dunkirk. The appellees are sued as partners.

The certificates show that there was an assumed corporation that issued them, and that appellee Payton was acting as its president, and appellee Monroe as its secretary, in the issuing of the certificates. The record nowhere shows the relation of the other appellees with the institution.

The complaint consists of five paragraphs. The 1st is the common count for money had and received;…