Kallison v. Harris Trust & Savings Bank

Plaintiffs as copartners brought suit against defendants to recover $12,077.99 on the indorsement of two checks alleged to have been forged by their other partner, Samuel Lamm. The complaint consisted' of two counts, the first at law, and the second in chancery for an accounting and dissolution. Defendant Lamm’s motion to dismiss the second count was overruled, but the court sustained a like motion made by all the defendants as to the first count for failure to state a cause of action, and entered an order dismissing that count, from which plaintiffs have taken an appeal.

The sole question…