
    Bosworth et al. vs. West.
    Suit was brought against three persons as partners on notes executed by one of them. All three were served. The existence of the partnership was contested, but the evidence showed that if there was a partnership all three defendants were members ; the verdict was against two, omitting the defendant who made the notes sued on.
    
      Held, that it was contrary to the evidence.
    JACKSON, Chief Justice.
     