Gray v. H. H. Vought & Co.

Plaintiff brought a negligence action against H. H. Vought & Co., alleging it to be a corporation. The defendant served an answer denying the incorporation, verified by one Henry W. Vought as partner of H. H. Vought & Co., in which verification it is affirmatively stated that H. H. Vought & Co. is a copartnership. The plaintiff moves to amend the summons and complaint by adding thereto the names of the partners of H. H. Vought & Co., with appropriate allegations of their partnership. The defendant objects on the ground that it promptly notified the plaintiff’s attorney of his error and that…