Rayburn v. Day

This was an action of assumpsit instituted by appellees against appellant and Jesse Barbre, the latter of whom was not served with process. The declaration contained a count .on a promissory note against appellant and Jesse Barbre, and .the common counts. On the trial, it appeared that Barbre signed the firm name to the note, after the partnership had ceased to exist, and to secure the same gave a mortgage on two hundred and forty acres of land, which mortgage had been foreclosed, and a decree for the sale of the land rendered. The note when offered in evidence, was rejected, and the…