Textile Workers Union v. Barrett

Matteson, 0. J.

This is assumpsit for money had and received. The plaintiff is a beneficial association, unincorporated. The-agreed statement of facts shows that while a member of the association the defendant received of the funds belonging to it $13.86, which he still retains, though he had ceased to be a member of the association before the bringing of the suit. The court below held that the action could not be maintained because the association, not being incorporated, must be regarded as a partnership.

We think this was error. The essential element of a partnership, as between its members,…