Alpaugh v. Battles

The order appealed from dismisses the counterclaim in appellant’s amended answer. The summons named as defendants Battles and four others, asserted to have been his copartners in the transactions set forth in the complaint. Battles alone was served and he alone has appeared and served an answer.

The amended complaint sets forth three separate causes of action against all of the named defendants as partners trading under the firm name of “ Battles & Company.” The first cause of action is based on contract; the second on alleged fraudulent representations *322by defendants inducing plaintiff to…