Guilbert v. Franklin Bank

Opinion on motion to dismiss.

As this case was ready to be submitted to a jury one of the defendants, John Kilgour, by leave of court, filed a motion to dismiss this case on three grounds, (1), that W. D. Guilbert, auditor, had no authority to bring or maintain this action in his name as plaintiff; (2), that this court had no jurisdiction of the alleged cause of action in the petition; (3), that since the filing of the answer in this cause the partnership carrying on business under the firm name of Franklin Bank had been dissolved by the death of Charles II. Kilgour prior to the first day of…