Simmons

— Action on a promissory note (so-called), of which the following is a copy:—

The complaint alleges that the defendants, as copartners, made the note on the day of its date; that plaintiff then and thereafter “loaned and advanced to defendants, as such co-partners as aforesaid, the sum of $1,000, and the same was used by said defendants as such partners, in and about the business of said partnership”; and that only $300.35 has been paid thereon. The complaint is not verified.

The defendant, E. M. Hall, denied each and every allegation of the complaint; and specifically denied that any partnership ever existed between him and Simmons.

At the close of the evidence on the part of the plaintiff, the defendant Hall moved for a nonsuit as to him, on the ground that the evidence did not tend to prove that he was one of the makers of the note, or had ever promised to pay the same. ■The court granted the motion, and judgment of nonsuit was entered.in favor of the defendant Hall, from which plaintiff, brings this appeal on a bill of exceptions.

The evidence on the part of the plaintiff, as stated in the bill of exceptions, shows that on August 22, 1889, a written agreement of…