Frank v. J. S. Brown Hardware Co.

PLEASANTS, Associate Justice.

The appellee, a private corporation, duly organized under the laws of Texas, sued Tom S. Sims and George Frank, alleging that they were partners in trade, doing business under the name of Tom S. Sims; and as such, in their firm name, executed, for a valuable consideration, to plaintiff, two promissory notes, and for the aggregate amount of which notes plaintiff prayed judgment. George Frank answered the suit by plea of general denial; a denial under oath of the alleged partnership between himself and codefendant Sjms, and a plea of non est factum. To this defense…