Crawford

— The plaintiff in his complaint alleges that “the Independent- Stove and Pipe Works is a co-partnership, doing business in the city and county of San Francisco, and that the defendants, Jacob Broeder, Francis Bornheimer, and Catherine Bornheimer, were members of and comprised said firm.” And that, on April 15, 1885, said defendants became indebted to plaintiff in the sum of $307, on a balance of account of goods, wares, and merchandise theretofore sold and delivered by plaintiff to said copartnership at its special instance and request; that defendants have not paid said sum or any part thereof, but the whole remains due and owing by defendants to plaintiff.

Defendants Francis Bornheimer and Jacob Broeder answer jointly, denying that they and defendant Gath *632 erine Bornheimer were members of or composed said alleged copartnership, and denied that at any lime said defendants were indebted to plaintiff in said sum of $307, or any other sum.

Defendant Catherine Bornheimer answered separately, denying that she was ever a member of said copartnership, or that the defendants or she was indebted to the plaintiff in any sum whatever. The action was tried by a jury, which returned a…