That the partnership known as the Fairview Deposit Bank did, on the 29th of August, 1879, when John Ralston died, owe the plaintiff the amount of his deposit, made on the 6th of August, 1877, is not controverted, and that the payment of interest thereon, by the survivors, who continued the business, was not: an assumption of the debt by the new, and a release of the old, firm, was properly held by the court below.

The judgment is affirmed.