Mitchell v. Fay

Chief Justice Lee:

This was an action brought to recover the sum of $649 14 for goods wares and merchandise sold to the defendant. A copy of the account annexed to the plaintiff’s petition shows that the goods were sold to defendant not by the plaintiff, but by Mitchell & Co., and upon a trial of the cause before Judge Andrews, the same facts appeared in evidence. Whereupon the counsel for the defendant moved the court to non-suit the plaintiff, on the ground that the action was brought in the name of one only of the partners of the firm of Mitchell &. Co., when all the members of that firm…