Nellis v. McSweeney

Rossiter, P. J.,

McSweeney and Olson were partners in “The Motor Service Company.” Miller later.came into the partnership. At the time Miller came in, the partnership was owing plaintiff $500 on a judgment note under seal. When that note came due it was paid by renewal; Miller, with the other partners, signing the renewal. Later, Miller withdrew from the partnership, upon McSweeney and Olson assuming the debts, and Nellis, the plaintiff, “in an interview regarding this note, suggested that he would be perfectly willing that McSweeney would have the interest in the garage and should keep the…