Reinhart Grocer Co. v. Benld Mercantile Co.

This is an action of assumpsit, brought in the Macoupin Circuit Court by the appellee against C. B. and F. W. Eag’le, doing business under the firm name and style of Benld Mercantile Company. The declaration consisted of the common counts for goods sold and delivered, with affidavit of merit attached. The plea of the general issue and the sworn plea of C. B. Eagle denying that he was a partner and should not be sued as such, were filed to the declaration, upon which issue was joined and the cause heard, by agreement by the court, without the intervention of a jury.

The court found the issues…