
    
      No. 9.
    BURTON against BOSTWICK AND FERRIS.
    
      Franklin,
    
    1819.
    ACTION of assumpsit for goods sold and delivered to A and B, as partners under the ilrm of A, non est as to A. B pleads in bar that the said A and B were not partners, that they were not doing business under the firm of A, nor was any credit given to A and B> at their request, bui to said A only, at his request only. Plea held bad on demurrer,,
    THIS was an action oí' indebitatus assumpsit.
    
    1 st Count. For goods sold and delivered.
    2d Count. Money paid.
    3d Count. Money had and received.
    The defendants were charged as partners under the firm of Andrew Bostwick, and the writ returned non est as to Bostwick.
    Plea of Ferris, in bar. That the said Jonathan and Andrew were not joint partners in trade; that they were not doing or transacting any business in the name or firm of Andrew Bost-wick, nor was any credit given to the said Jonathan and Andrew, or at their request, but to the said Andrew only, and at h.is request only. Demurrer.
   By the Court.

The plea is nothing more than a denial of the declaration; it traverses facts necessary to be proved by the plaintiff on the general issue, and the plea is tantamount to the general issue, and therefore, insufficient.  