Faricy v. J. S. Brown Mercantile Co.

M. C. Davis and the plaintiff in error, Robert S. Faricy, were copartners. They became indebted to- the J. S. Brown Mercantile Company, the defendant in error, for merchandise purchased by them from that company. The company obtained judgment against both Davis and Faricy. Faricy alone sued out a writ of error.

The legal question involved in this action is presented by Fancy’s third defense, to- which the court sustained a demurrer. It is alleged that the partnership was dissolved; that upon the dissolution Davis retained the assets of the partnership and assumed all liability for the…