Jenkins v. Parkersburg Rig & Reel Co.

HIGGINS, Justice.

This is a suit by appellee, Parkersburg Rig & Reel Company, against the appellants up*695on, a note executed by the latter in favor of said appellee.

The defendants set up the want of necessary parties in this: That the note was given in payment for certain chattels which were purchased and used in the prosecution of a joint enterprise in which defendants and one Ben Rabinowitz were engaged; that Rabinowitz died January 25, 1932, leaving as his heirs his wife, Rebecca Rabinowitz, and three minor children, whose guardian is the said Rebecca Rabinowitz; that said heirs have acquired…