Wing Ho v. Baldwin
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County. The action was brought to recover a balance on account alleged to be due by the defendant to a partnership, and by the latter assigned to the plaintiff. The answer contained a general denial and a plea in abatement on the ground of the failure of the partnership to file and publish a certificate showing the names and residences of the members composing the firm.
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Appeal from a judgment of the Superior Court of Los Angeles County. The action was brought to recover a balance on account alleged to be due by the defendant to a partnership, and by the latter assigned to the plaintiff. The answer contained a general denial and a plea in abatement on the ground of the failure of the partnership to file and publish a certificate showing the names and residences of the members composing the firm. The court sustained the plea, and rendered judgment in favor of the defendant. The further facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
The sole question in this case is, whether or not the provision of the Civil Code to the effect that persons doing business as partners, contrary to the provisions of the article requiring the filing and publishing of a certificate showing the names and residences of all the members of the partnership, “ shall not maintain any action upon or on account of any contracts made or transactions had in their partnership name, in any court of this state, until they have first filed the certificate and made the publication herein required,” also precludes the assignee of such persons from maintaining…
2Cases cited2 opinions
- Byers v. BourretCalifornia Supreme Court · 1883
- Sweeney v. StanfordCalifornia Supreme Court · 1885
3Cited by9 opinions
- In re Farmers' Supply Co.District Court, S.D. Ohio · 1909
- Gray v. WellsCalifornia Supreme Court · 1897
- Thorner v. Selective Cam Transmission Co.California Court of Appeal · 1960
- Quan Wye v. Chin Lin HeeCalifornia Supreme Court · 1898
- Tripp v. DeupreeSupreme Court of Oklahoma · 1916
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