Day v. Power

The Bank of Pulaski was conducted by a partnership. It became insolvent. Plaintiff was appointed its temporary receiver. An order was made by the court directing him to bring suit against the defendants, who were members of the partnership, for “their liability to the depositors of said Bank as partners of the same”. The validity of such order is not in question. Thereupon this suit was commenced. The petition alleged that the Bank of Pulaski was operated by a partnership; that defendants were included in the list of partners; that plaintiff was the duly appointed, qualified, and acting…