Page:Federal Reporter, 1st Series, Volume 3.djvu/76

 States, and, as the Merchants’ National was notified of the pendency of that suit and took part in the defence, it must abide by the result.

The judgment of the district court is affirmed.

v., etc., of

(Circuit Court, S. D. Ohio.February, 1880.)

On demurrer to the answer. The issues presented by the pleadings are fully stated in the opinion.

John W. Herron, for plaintiff.

J. F. Baldwin, for defendant.

Philip Bergen Swing, D. J.This suit is brought to recover of the defendant the amount of two promissory notes—the first, given by the Sectional Dock Company to the order of Thomas P. Morse & Co. for $12,000, dated June 4, 1873, and payable at 90 days; the second, given by Thomas P. Morse and John D. Daggett to the Sectional Dock Company for $4,000, dated April 4, 1873, and payable at 90 days,—both of which were indorsed, and of which it is alleged that the plaintiff is now the holder and owner.

The petition alleges, in substance, that on the seventeenth day of November, 1857, Rowland Ellis, Jr., Patrick Rogers, John Daggett, Thomas Morse, and Mary Thomas formed a copartnership in the city of St. Louis, in the state of Missouri, for the purpose of carrying on the business of docking and repairing steamboats and other vessels in said city; that it was provided in the articles of copartnership that in the event of the death of either party to said agreement said copartnership should not be dissolved, but the interest of said deceased partner should be continued and represented by the