Ayer v. Kilmer

This is an action against the members of a partnership to recover for goods sold them. The defendant Sibley, who alone defended, sets up that his firm was dissolved, that his former partner Kilner bought him out and agreed to pay the firm debts, and that the plaintiffs accepted Kilner as their sole debtor. The- judge before whom the case was tried found for the plaintiffs, and the only question before us is whether that finding is shown to be unwarranted by the facts found specially in the report. The argument for the defendant goes wholly on the assumption that the court ruled against him as…