London Iron & Metal Co. v. Logan

Clark, Judge.

Although the record here presents a gallimaufry of pleadings which include seven amendments by plaintiff to his original complaint and five defense motions to dismiss or strike, the facts present a simple situation: plaintiffs suit designated defendant as "London Iron and Metal Company.” That was a trade name for a partnership located at the same address as a corporation known as "London Iron and Metal Company, Inc.” Service of suit papers was made upon an individual in his capacity as an officer of the corporation but who was also the principal partner. Was the trial court…