48 Neb. 803 | Neb. | 1896
William Darst brought this suit to the district court of Adams county against W. H. Dillon and N. S. Dillon. Darst’s suit was based on a promissory note made and delivered to him, signed Dillon & Co., per W. H. Dillon. Darst alleged in his petition that W. H. Dillon and N. S. Dillon were partners doing business under the firm name of Dillon & Co., and claimed a judgment against each one of the defendants. The answer of the Dillons was a general denial of all the allegations in the petition. Darst had a verdict and judgment against N. S. Dillon only, to reverse which she prosecutes to this court a petition in error.
The uncontradicted evidence in the record is that N. S. Dillon and W. H. Dillon were husband and wife; that N. S. Dillon was engaged in running a hotel and keeping a saloon in the city of Hastings, Nebraska, on her own account; that she did business under and by the name of Dillon & Co.; that W. H. Dillon was her agent for the
AFFIRMED.