A. M. Gilman & Co. v. Cosgrove
California Supreme Court
Appeal from the Seventh Judicial District. The complaint is entitled “A. M. Gilman Co. v. James N. Cosgrove,” and contains no other description or designation of the parties plaintiff, but states a cause of action for goods sold and delivered in favor of the “ plaintiff above named.” The first answer of defendant consisted of a general denial with plea of accord and satisfaction and statute of limitations.
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Appeal from the Seventh Judicial District. The complaint is entitled “A. M. Gilman Co. v. James N. Cosgrove,” and contains no other description or designation of the parties plaintiff, but states a cause of action for goods sold and delivered in favor of the “ plaintiff above named.” The first answer of defendant consisted of a general denial with plea of accord and satisfaction and statute of limitations. An answer termed an “ amended and supplemental ” answer was afterwards filed containing no denial, but setting up the giving of promissory notes in full payment and satisfaction. The case…
1Opinion of the CourtNorton, J.
1. The complaint should have set forth the names of the individuals composing the firm of A. M. Gilman & Co., as the plaintiffs, if the action was intended to be in behalf of individuals composing a firm. Defendants may, by virtue of a special statute, be sued by their copartnership name, but there is no statute authorizing an action to be brought by plaintiffs in a copartnership or firm name. The objection to this defect has, however, not been taken in a way to be available. If it may be assumed that “ A. M. Gilman & Co.” is the name of a firm of which A. M. Gilman is one of the partners,…
2Cases cited1 opinion
- Porter v. CressonSupreme Court of Pennsylvania · 1823
3Cited by8 opinions
- Hugh K. Gale Post No. 2182 Veterans of Foreign Wars v. NorrisNew Mexico Supreme Court · 1949
- Holden v. MensingerCalifornia Supreme Court · 1917
- Connell Bros. v. H. Diederichsen & Co.Court of Appeals for the Ninth Circuit · 1914
- Ginsberg Tile Co. v. FaraoneCalifornia Court of Appeal · 1929
- Jones v. FrostCalifornia Supreme Court · 1865
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