Hymes v. Weld

Simmons, Justice.

"Weld, general agent, for use of the Bowker Fertilizer ■Company, sued Hymes aud Strauss as partners, upon a promissory note for $90, dated April 1, 1888, and due August 1st after date, the note being for fertilizers. Hymes was the only one of the defendants served, and he filed a plea of no partnership and non est factum. The suit was brought in a magistrate’s court, where there was a judgment for the plaintiff. Hymes took the case by appeal to the superior court, and the jury there found for the plaintiff. Hymes was granted a new trial, and upon the second trial the jury…