Appellate Terms of the Supreme Court of New York March 15, 1897 (McCormack v. Barton)

Daly, F. J.

The plaintiff sued the defendants as copartners, pleading orally, “ at thpir request, about August 17, 1895, plaintiff performed work, balance due, $114.50.” The defendant Barton alone was served with the summons, and he answered orally, plead*626ing a “' general denial, res adjudicata, payment, release, accord and satisfaction.