Platt v. Iron Exchange Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The complaint alleges that the plaintilfs were at the times named, and are, copartners, doing business under the firm name of the United States Express Company; that other persons were and are associated with them as dormant partners; that such dormant partners are very numerous, and reside far apart, and that it is impracticable to bring them all before the court; that the plaintiffs sue, not only for the benefit of…
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APPEAL from the Circuit Court for Ashland County. The complaint alleges that the plaintilfs were at the times named, and are, copartners, doing business under the firm name of the United States Express Company; that other persons were and are associated with them as dormant partners; that such dormant partners are very numerous, and reside far apart, and that it is impracticable to bring them all before the court; that the plaintiffs sue, not only for the benefit of themselves, but for all of such dormant partners; that as such partners the plaintiffs were at the times named, and are, engaged…
1Opinion of the CourtCassoday, J.
It sufficiently appears from the complaint that the plaintiffs, Platt and Crosby, are the ostensible partners, and that all the other partners not joined as *360plaintiffs are dormant partners. It is well settled at common law that a dormant partner need not be joined with bis copartners in an action to recover partnership demands. Bird v. Fake, 1 Pin. 290; Lloyd v. Archbowle, 2 Taunt. 324; Clark v. Miller, 4 Wend. 628; Shropshire v. Shepperd, 3 Ala. 733; Hilliker v. Loop, 5 Vt. 116; Wood v. O'Kelley, 8 Cush. 406; Waite v. Dodge, 34 Vt. 181; Garrett v. Muller, 37 Tex. 589. Whether such action was…
2Cases cited15 opinions
- Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- National Bank of Salem v. . ThomasNew York Court of Appeals · 1871
- Clark v. MillerNew York Supreme Court · 1830
- Pacific Iron Works v. . Long Island R.R. Co.New York Court of Appeals · 1875
- North v. . BlossNew York Court of Appeals · 1864
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3Cited by2 opinions
- Herman v. City of OcontoWisconsin Supreme Court · 1898
- Stubbings v. O'ConnorWisconsin Supreme Court · 1899