Mencher v. Goldstein

Plaintiff's sister owned an automobile. She permitted its joint use by Mencher (plaintiff), Go dstein and Peyser. When the car was being operated by Goldstein in South Dakota, an accident occurred in which Mencher was injured. He brought this action against Goldstein, asserting that Goldstein was negligent. Goldstein’s answer to plaintiff’s complaint alleges as a defense: “ That at the time and place alleged in the plaintiff’s complaint, the defendant Sidney Goldstein was engaged with one Leopold Peyser and the plaintiff on a mutual trip enterprise and partnership entered into by their mutual…