Ivar Olsen v. Sverre Puntervold, Sverre Puntervold v. Ivar Olsen

Ivar Olsen, plaintiff in the district court, appellant here, sought to recover in a diversity action in Florida from the appellee, Sverre Puntervold, on a judgment rendered in a New York Court against a partnership of which the appellee was a member in a case where no service was had on the appellee. The district court correctly held, in dismissing the complaint, that a judgment against a partnership is not binding upon a partner in his individual capacity where rendered in an action without service upon him.

The appellee, Puntervold, filed a. counterclaim for malicious prosecution which the…