91 Ind. 107 | Ind. | 1883
— On the 19th day of September, 1880, appellants filed a claim against appellees, as the administrators of the estate of John E. Farmer, deceased. The claim consists of a promissory note, dated April 6th, 1860, due six months after date, payable to L. L. Warren & Go., or order, and executed by “Farmer & Williams.” A statement, in the nature of a complaint, accompanies the note, in which it is averred substantially that L. L. Warren & Co. was and is a firm, composed of appellants, and that John E. Farmer, appellees’ decedent, and Vincent E. Williams, constituted the firm of Farmer & Williams, the makers of the note. The issue was closed by the filing of answers and a reply.
At the April term, 1882, the claim was referred to the master commissioner of the court for his report at the next term. At the September term, 1882, the commissioner filed his report “of the evidence and his finding thereon.” The
It results from what we have said that the judgment must be reversed. It is accordingly reversed, at the costs of appellees, with instructions to the court below to sustain the motion for a new trial.