Wheeler v. McEldowney

This was an action of assumpsit on a promissory note signed “ George Faulkner & Co.” The declaration alleges that George Faulkner and John Wheeler were partners in” business under the firm name of George Faulkner & Co., and as such, made the note in question. Faulkner was defaulted, and Wheeler pleaded, verifying the plea by affidavit, that he was not a partner of Faulkner, and not jointly liable with him as partner, on the note. A jury was waived and the case tried by the court, who found for the plaintiff, and rendered judgment against both the defendants for the amount of the note and…