Mulliken v. Asa Hull & Co.

Murray, C. J., and Heydenfeldt, J., concurred.

In this cause, the plaintiff, in the Court below, alleged in his complaint, that Asa Hull & Co., were indebted to him in the sum of three hundred and ninety-eight dollars, on account of the lightering of brick, sand, and lumber, from Mission Creek, county of San Francisco, to Main-street Wharf, in San Francisco. He also alleges, that the defendants, other than Hull, arc unknown to him, and begs to be permitted to insert their names when ascertained. Upon the trial, the plaintiff is not able to prove that others were connected with Hull in the…