Defendants in error as partners under the firm name of John Clark, Son Co., sued plaintiff in error and E. Rigney as late partners doing business in the firm name of E. Rigney Co., in an action of assumpsit for goods sold and delivered to the latter firm by the former. Webster interposed pleas that he was never indebted as alleged, and that he was not a partner of Rigney under the firm name and style of E. Rigney Co., as set up in the declaration. Rigney did not defend. A trial before a referee...
