Rogers v. Suttle & Scroggin

The appellants, who are manufacturers of cigars in Cincinnati, sued the appellees as partners conducting a restaurant at Lincoln, Ill., for the amount of certain bills of goods furnished by the former to the latter as alleged.

It was not disputed that the goods were furnished, but the question is whether the appellees are liable therefor. The alleged partnership was denied under oath and the burden of proving it devolved upon appellants.

There was evidence tending to prove that appellees had, prior to the transactions in question, purchased a second-hand outfit for a restaurant, consisting of…