Strong v. Strong

Sherman, J. (dissenting).

I do not concur in the decision about to be made. The application of the rule forbidding a plaintiff to split his cause of action and maintain successive suits results here in depriving plaintiff of the right to recover upon non-negotiable notes indorsed by defendant and given as part of the purchase price of property formerly owned by the partnership composed of the parties to this action. The purpose of the delivery of the notes was to enable plaintiff to sue upon them and not be compelled to plead the agreement of partnership settlement, out of which the…