Dryden v. Sewell
District Court, D. Alaska
Th)e complaint in this action alleges that the plaintiff and defendant are copartners in a certain drug business at Haines, Alaska, and leading up to the general statement it is alleged that Lane and Sewell entered into a copartnership on the 24th .day of July, 1902, and that thereafter, at the instance and request of the defendant, Sewell, the plaintiff, by and through his agent and attorney in fact, at the instance and request of said Sewell, and by agreement with him,…
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Th)e complaint in this action alleges that the plaintiff and defendant are copartners in a certain drug business at Haines, Alaska, and leading up to the general statement it is alleged that Lane and Sewell entered into a copartnership on the 24th .day of July, 1902, and that thereafter, at the instance and request of the defendant, Sewell, the plaintiff, by and through his agent and attorney in fact, at the instance and request of said Sewell, and by agreement with him, purchased an interest in the copartnership of Sewell & Lane, and thereby became a partner of the said Sewell, and alleges…
1Opinion of the Court
BROWN, District Judge.
The denial by the defendant, as will be seen from the above statement, is special, and not general. Under well-settled rules of pleading, every fact properly pleaded in the complaint and not denied is admitted. Before going into the facts in this case, I desire to refer to a single question raised by the brief of the defendant’s attorney, and deemed by him to be important, and in fact as settling the case in the defendant’s favor.
The claim is that the plaintiff is not the real party in interest, and that he cannot maintain this suit inasmuch as it appears by the evidence…
2Cases cited25 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Davis v. Clinton Water Works Co.Supreme Court of Iowa · 1880
- O'Connor v. IrvineCalifornia Supreme Court · 1887
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Spooner v. D., L. & West. RailroadNew York Court of Appeals · 1889
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