
    Clementson v. F. Beatty, Jr.
    If the contract was with the defendant and another as joint partners, the defendant cannot take advantage of it but by plea in abatement.
    Assumpsit for goods sold and delivered.
    
      Mr. Mason
    
    objected that the goods were delivered to Fisher & Beatty jointly as partners.
    
      Mr. Swann
    
    contended that he could not take advantage of this on the general issue, and cited the ease of Rice v. Shuie.
    
   Cranch, J.,

stated that he considered the principle to be laid down generally, that where a partnership was alleged by the defendant, he must plead it in abatement, and name all the partners.

Mr. Mason abandoned the point.  