Halstead v. Cockroft

Monell, G. J.

The motion to dismiss the complaint in this case for the want of prosecution must be denied. By the death of the defendant Lomelino, the action has abated, and unless the cause of action has survived to his codefendant, the legal representatives of the deceased defendant must be brought in as parties.

I think it quite evident that Lomelino was not a necessary, even if he was a proper party. He was at most a debtor to the firm, and could have been called to account by the firm for the proceeds of the joint adventure, but not in this action, which was between the members of the firm…