
    Brice M. Garner against Tiffany, Wyman and Co.
    
      December, 1823.
    
    1, T. and W. declare as partners, trading under T. land w. ner^tradin/uni dev die firm of u’ihero be" more than two partners, it can be shewn only under in abatement.
    2, Note declared on as made. at the County of intended * that Fayetteville «in this state.
    IN the County Court of Madison, William Tiffany and Samuel Wyman, declared as partners, trading under the firm of Tiffany, Wyman and Co. in Debt against Brice M. Gar-ncr, on a promissory Note, describing it as made at Fayette-viile, to wit, in the County of Madison aforesaid. Garner craved oyer of the Mole, and it was set out in the Record as follows .*
    “ Fayetteville, March 10th, 189.0. Nine months after “ date, we jointly or severally promise to pay Tiffany, Wy- “ man and Co. or order fifteen Hundred dollars, for value re- “ Ceived.
    “BRICE M. GARNER,
    $1500. “ C. BOYLES.”
    and then demurred, assigning as causes of demurrer — That the declaration does not state all the persons to whom the Note appears to have been given, in that it is manifest by the declaration that William Tiffany and Samuel Wyman only are plaintiffs; and by the Note it appears that it was payable to Tiffany, Wyman and Company; and so all the persons entitled to sue are' not joined in the action.
    The County Court overruled the demurrer, and rendered judgment against Garner for the Debt, and ‡139 Damages-for its-detention,
    
      Garner prosecuted a writ of Error to the Circuit Court, and there assigned that the County Court erred : first, In overruling his demurrer : secondly, In adjudging too much : thirdly, The Record does not shew by what rate of interest the damages, were ascertained. The Circuit. Court affirmed the judgment of the County- Court: the entry of judgment being “ that the judgment in the cause “ aforesaid, rendered in the Court below, be in all things “ affirmed, and stand in full force and effect; and that the “ plaintiff in the Court below recover against, the defendant “ in the Court below the amount of the judgment rendered “ in said Court, together with ten per cent, damages, with interest, and also the costs which have accrued in the cause aforesaid, both in this Court and in. the Court be- “ low.”
    
      Garner prosecuted a writ of Error to this Court, and assigned that there was Error — 1st, In affirming the judgment of the County Court, w'hich on the Errors therein assigned ought to have been reversed,
    2d, The judgment of affirmance is defective, being for. no specific sum.
   Judge Crenshaw

delivered the opinion of the Court,

As to the first assignment, the declaration clearly states that the two plaintiffs, Tiffany and Wyman, were partners trading under the firm of Tiffany, Wyman and Co., and that the promissory Note was made and delivered to them so trading. The words, and Co., do not necessarily imply that there were other partners of this firm. If there were, the defendant should have plead this matter in abatement.

As to the rate of interest and amount of damages adjudged by the County Court — The declaration avers, that the Note was made at Fayetteville, in the County of Madison; and this averment is not denied. The Court could not judicially know that this place is not in this State, and from the Record was bound to conclude that the contract was made in Madison County, and that it carried interest according to the laws of this State. It would indeed be a novel course to infer against the averment in the declaration that the contract was. made out of this State. Had this been the fact, the defendant should have shewn it by pleading. This, as well as the rate of interest in any other State, was matter an pais to be proved before a Jury on a proper issue. In-this opinion we are unanimous. *

Lot the judgment be affirmed.  