Appeal No. 8, July T., 1895, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1893, No. 383, on verdict for plaintiffs.

Assumpsit for goods sold and delivered. Before Willson, J.

This was an action of assumpsit to recover §658.87 for furniture alleged to have been sold to Michael B. Andress, Horace G. Craven and Charles C. Haines as members of an unincorporated association, for the furnishing of a club house known as Gordon Heights Inn. Craven and Haines were not served. A judgment for want of an affidavit of defense was entered against Andress, which judgment was subsequently opened and the issue tried.

The goods claimed for were purchased in September and October, 1890, and the question was, whether the purchase was made by Andress, Craven and Haines, doing business in the name of Gordon Heights Inn, or by that unincorporated association itself of which Andress, Craven and Haines were members, and were a committee.

In April, 1891, the Gordon Heights Club was incorporated under the laws of the state of Delaware, and continued to do business as a corporation.

On June 3, 1892, plaintiffs took from said corporation its promissory note dated April 27, 1892, for the claim.

On March 30, 1895, a suggestion of the death of Michael B. Andress, and the substitution of Robert Alexander as executor, was filed.

At the trial Mr. Levy, counsel for plaintiffs, offered in evidence plaintiffs’ books, showing the account as set forth in the statement, the claim being for the balance, §658.87, with interest, and rested.

Mr. Shapley, counsel for defendant, offered in evidence receipt as follows: — •

“ Received, Philadelphia, June 3, 1892, of Gordon Heights Club their note, dated April 27, 1892, at three months, for $658.87, in full settlement of all balance of our bill for goods furnished and all demands to date.

“ (Signed) Trymby, Hunt & Co.,

“ E. T. Trymby.”

■ He also offered note produced by plaintiffs on call as follows:

“ Philadelphia, April 27,1892.

“ Three months after date we promise to pay to the order of Trymby, Hunt & Co. $658.87 at room No. 59 F. Brown Building, Fifth and Chestnut streets, Philadelphia, without defalcation, for value received.

“ (Signed) Gordon Heights Club,

By its officers, “ W. Geary, President.

“ C. C. Haines, Treasurer,

“ M. B. Andress, Secretary.”

Charles C. Haines, called by plaintiffs’ counsel, was sworn upon his voir dire.

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