MR. JUSTICE GRAY delivered the opinion of the court.
This is an action of covenant, brought by Silas Seymour and three other persons, describing themselves as copartners trading in the name and style of S. Seymour & Company, and prosecuted since the death of one of them by the survivors, against the Western Railroad Company, upon an agreement purporting to be made between the defendant of the first part, "and Silas Seymour and such other parties as he may associate...
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