
    Fourth Street National Bank v. Richard W. Bacon, Appellant.
    
      Partnership — Limited partnership under act of March 21, 1836 — Liability of special partner — Misstatement of capital.
    
    Argued Jan. 21, 1895.
    Appeal No. 120, July T., 1894, by defendant, from order of C. P. No. 2, Phila. Co., March T., 1894, No. 644, making absolute a rule for judgment for want of a sufficient affidavit of defense.
    Before Sterrett, C. J., Green, Williams, McCollum, Mitchell, Dean and Fell, JJ.
    Affirmed.
    Assumpsit on a promissory note given by a limited partnership formed under the act of March 21, 1836, P. L. 143.
    The facts are the same as in Fourth Street National Bank v. Whitaker, next preceding case.
    
      Error assigned was order entering judgment.
    
      Gceorge Tuelcer Rispham, for appellant,
    cited: Haddock v. Mfg. Corporation, 9 Pa. 372; Seibert v. Blakewell, 87 Pa. 506; Fifth Ave. Bank v. Colgate, 120 N. Y. 381; Bokee v. Walker, 14 Pa. 139; Ropes v. Colgate, 17 Abb. N. C. 149.
    
      Samuel Dickson, Riokard O. Dale with him, for appellee.
    October 7, 1895:
   Opinion by

Mr. Justice Dean,

The facts in this case are precisely those in case of same plaintiff v. William Whitaker, opinion herewith filed. For the same reasons, the judgment is affirmed.  