Willey

This is an appeal from a judgment on a bill of exceptions. Appellant attacks the sufficiency of the evidence to sustain the findings upon which judgment for respondent was entered. The facts are substantially as follows: One, A.B. Perry, some time in the latter part of 1896 (the record does not disclose the exact date), went to the banking-house of the Tallant Banking Company, in San Francisco, for the purpose of opening a deposit account with said bank in the name of A.B. *Page 510 Perry Co. He stated to the cashier of the bank at the time that he was the sole owner of the business of A.B. Perry Co., and had no partner; that he was going to open up his business in that style, and under the name of A.B. Perry Co., and run the business that way for the appearance of it; that he preferred to do it in that manner, as he thought it gave him a little strength; that he expected to take a partner in, and when he did so he would not have to make any change. That, on January 1, 1897, the said A.B. Perry and W.P. Fuller Co., a corporation, entered into articles of copartnership under the firm name and style of A.B. Perry Co.; that such articles provided, among other things, that said W.P.…