Carey v. Marshall

*237The opinion of the court was delivered by

Magie, Chancellor.

The record brought before us by this-writ of error shows an action on contract, brought in Cum-. berland Circuit Court, by Benjamin H. Carey and Eugene H.. Conklin, as partners, trading in the name of Mulford, Carey & Conklin, against Alfred W. Marshall, Charles V. Marshall and Josephine Potts, as partners, trading in the name of' John R. Potts & Company. The declaration contained the common counts alone, with a bill of particulars showing an account for goods sold. The two Marshalls filed a plea of general issue, with notice that…