When making the foregoing remarks, the learned trial Judge evidently had in mind what was said in the Evans v. Holmes Case, supra, and overlooked that in the case at bar the original partnership having been terminated, a new partnership consisting of the respondents was substituted therefor, and that this new partnership could render itself liable for the appeal hint’s claim without a settlement of the old partnership business, and without each individual member thereof expressly making himself liable therefor.
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