18 Ga. App. 206 | Ga. Ct. App. | 1916
1. In a suit upon a promissory note against two persons, the defendants may file a plea alleging that the note, though purporting to be signed by them in their individual capacity, evidenced a debt due by a partnership, of which the signers were the only partners, and thereupon plead as a set-off an account alleged to be due by the plaintiff to the partnership.
2. In 'such a suit the defendants first pleaded as a set-off an account alleged
3. In any event the rights of the plaintiff could not have been affected by the amendment which was allowed, since a judgment against the partnership would.bind not only the assets of the partnership, but also the individual property of each and both of the partners, just as a judgment against the same two individuals would bind alike their individual assets, and the interest of either in the partnership might also be reached by garnishment.
4. The evidence authorized the verdict, and there was no error in ■ overruling the motion for -a new trial. Judgment affirmed.