Clements v. Miller
North Dakota Supreme Court
Appeal from District Court, Pembina county; Kneeshaw, J. Action by J. H. Clements against A. L. Miller and others. Judgment for plaintiff, and defendants appeal. In a plea of abatement for nonjoinder, proof not necessary that plaintiff knew of partnership. Norwood v. Sutton, 1 Cranch C. C. 327. All joint obligors should be made parties to a suit.
Read the full summary
Appeal from District Court, Pembina county; Kneeshaw, J. Action by J. H. Clements against A. L. Miller and others. Judgment for plaintiff, and defendants appeal. In a plea of abatement for nonjoinder, proof not necessary that plaintiff knew of partnership. Norwood v. Sutton, 1 Cranch C. C. 327. All joint obligors should be made parties to a suit. Gilman v. Rivers, 10 Peters, 298, 9 L. Ed. 432. Where parties seek to incorporate and fail, they become partners. 85 111. 184. - The liability of partners' for debts and obligations of the firm is joint, not joint and several. Harrison v. McCormick,…
1Opinion of the CourtMorgan, J.
The complaint alleges a cause of action against the defendants for materials furnished them and for services rendered for them, in all of the value of $157.65. The defendants’ answer admits that plaintiff furnished materials and performed services for them and for other persons, and alleges that such other persons are *178necessary parties to the action, and that they are interested with defendants in the result, thereof. In such answer the names of the persons claimed to be necessary parties are given. The answer further alleges that nothing is due on the part of any one for such services, on…
2Cases cited9 opinions
- The Rider Life Raft Co. v. . RoachNew York Court of Appeals · 1884
- Harrison v. McCormickCalifornia Supreme Court · 1886
- Northern Insurance v. PotterCalifornia Supreme Court · 1883
- Willcox v. ArnoldMassachusetts Supreme Judicial Court · 1895
- Elliott v. BellWest Virginia Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Truscott v. PetersonNorth Dakota Supreme Court · 1951
- McGilvra v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1916
- Willbur v. JohnsonNorth Dakota Supreme Court · 1915