Tootle v. Maben

Maxwell, Ch. J.

This action was commenced in the county court of Holt county, where a judgment was rendered for the plaintiffs for the amount claimed, less $36.04. The defendant appealed to the district court, and in May,. 1885, the plaintiffs filed their petition in said court, stating their cause of action to be:

That prior to August 14th, 1884, the plaintiffs sold and *618delivered to Maben & McCormick goods, wares, and merchandise, .for which said firm was indebted at that date to the plaintiffs in the sum of $636.41; that on or about said date the-firm of Maben & McCormick was dissolved, and…