Cook and Sons Equipment, Inc. v. Morris Killen

ORR, Circuit Judge.

In the District Court of Alaska, an action was instituted wherein one Morris Killen was named as plaintiff and “Charles Cook and Charles Cook, Jr., d/b/a Cook & Sons Equipment Company, in the State of California” were named as defendants. It is apparent from the designation of the parties in the complaint that the pleader was under the impression that the defendants were operating a partnership. However it was later made manifest that Cook & Sons Equipment Company is a corporation.

The corporation appeared and answered, trial was had and judgment entered against the…