Asplund v. Pearce, Porter & Martin

In the trial court a directed verdict was returned against the defendants in a suit upon a promissory note. The partios will be referred to as plaintiffs and defendants, as they appeared in the trial court.

The defendants first complain that the suit is brought in the name of a partnership, Pearce, Porter & Martin, and assert that it is the law that suits must be brought in the names of the individuals comprising the partnership rather than in the partnership name. The general rule in this regard is stated in 47 C. J. 952, paragraph 471, as follows:

“Although there is authority to the contrary,…