J. L. Jones & Co. v. Darden

September 2,1929, this suit was filed by the appellants to recover of appellee upon a promissory note in the principal sum of $300, with interest and attorneys fees. The note was due and payable October 1,1925. In the original petition, appellants, J. L. Jones & Co., are - described as a corporation.. On the 7th day of October, 1929, the appellee filed his sworn answer alleging that appellants were not a corporation but constituted a partnership. This plea attacking the right of the appellants to recover in the capacity of a corporation was never presented nor acted on by the court. On…