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 Tallan! Banking Company, in San Francisco, for the purpose of opening a deposit account with said bank in the name of A. *510 B. 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. Puller & 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,…