Maghee v. Collins

This was an action by the appellant, who sues as the surviving partner of J. H. Maghee & Co., against the appellee and John W. Collins, upon a promissory note alleged to have been made by them, as partners, and which is signed E. & J. W. Collins, and which is, iu form, their joint note. The complaint is in the usual form.

Elisha Collins answered in three paragraphs, the third o£ which only need be noticed. In this paragraph, it is alleged that the appellant and his partner had sued Misha and John W. Collins in the Greene Common Pleas, upon the same note; that at the July term, 1860, of said…