Arnold v. Ellison

Opinion by

Cunningham, J.,

Plaintiffs sued defendants in assumpsit for goods sold and delivered. After a statutory demurrer had been overruled, defendants filed a supplemental affidavit of defense averring that the claim was barred by the statute of limitations. Plaintiffs obtained a rule for judgment for want of a sufficient affidavit of defense which the court below made absolute as to the principal of the amount claimed and discharged as to items of interest. Defendants have appealed.

It appears from the pleadings that plaintiffs were in 1914 co-partners and were engaged in the business of…