“Action of assumpsit to recover from the defendant $2091, the balance of an account due from the former co-partnership of Lindsay and Tomlinson. The facts of the case, as opened and proved by the defendant’s counsel, were as follow. Lindsay and Tomlinson entered into partnership some time in October 1815, under the firm of Lindsay and Tomlinson, and after contracting with the plaintiffs the debt in question, they dissolved their connection, some time in January 1816, upon the terms that Tomlinson should retain the partnership funds, and pay all the debts due from the concerns. Immediately. after the dissolution of this co-partnership, Tomlinson entered into partnership with some other person, under the firm of Jessy Tomlinson & Co. with whom the plaintiffs had dealings, leaving a balance in their favour of $546, due in April 1816, when that partnership was dissolved. In the same month, the partnership of Tomlinson and Chambers was formed, which continued until September following, when it was dissolved, being indebted to the plaintiffs in a balance of $3010.”