Steinbach

During the period between the fifteenth day of March, 1914, and the fifteenth day of April, 1914, the defendants, F. C. Smith and George W. Metlar, were copartners owning and operating a ranch in Stanislaus County. The partnership was dissolved on the last-named day. The business was conducted at all times in the name of George W. Metlar alone. After the dissolution Metlar, without the knowledge or consent of Smith—unless Smith’s consent must be implied—borrowed from his father, Edwin F. Metlar, three sums of money aggregating $497.75, giving notes for these sums signed hy himself alone. The trial court found that these sums were loaned to the defendants as co-partners but at the request of George W. Metlar, and that the funds were used in payment of indebtedness of the firm incurred before the dissolution of the copartnership. Edwin F. Metlar died before the trial. The claim against the partnership was assigned by Metlar to the plaintiff, who brings this action against both the defendants. The action was not brought upon the notes but directly for the money loaned to the defendants. Judgment went against both defendants, and Smith appeals.

Upon these facts the appellant contends…