16 Ind. 365 | Ind. | 1861
Irish, Kent, and Baldwin, who. were the plaintiffs, sued Snelson upon a promissory note, dated August 28,1857, and payable at one day, to one James Hollingsworth, who assigned it to the plaintiffs. Defendant’s answer to the complaint alleges these facts: On August 29, 1853, the defendant, the maker of the note, and Hollingsworth, the payee, entered into partnership as equal partners in the milling business, sharing equally in the losses and profits arising therefrom; which partnership continued to exist until March 1, 1858, when the same was dissolved by mutual consent. For the purpose of carrying on the partnership, Hollingsworth, during its existence, paid into the same $986.15, out of which sum he received $719.63, leaving a balance due Hollingsworth when the partnership was dissolved of $266.52. And during the continuance of the partnership, the defendant, Snelson, invested therein $1,411.24, out of which he received $546.92, showing a balance due him when the partnership dissolved of $864.32. Thus it appears that the amount invested in the firm by Snelson exceeded that invested by Hollingsworth $597.38, which sum Hollingsworth then became liable to pay. And defendant avers that said $597.38 accrued to him before he
The judgment is affirmed, with costs.