Baldwin & Son v. Caflisch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, E. L. Caflisch, from a judgment of the County Court of Chautauqua county, entered in the office of the clerk of said county on the 19th day of October, 1917, affirming a judgment of a Justice’s Court in plaintiff’s favor in the sum of thirty-six dollars and five cents.
1Opinion of the Court
Kruse, P. J.:
The plaintiffs seem to have a meritorious claim against the defendant but they brought suit against him in then-partnership name. The action should have been prosecuted in the individual names of the partners. There was no allegation in the complaint of a partnership, but that objection was taken in the answer and upon the trial and the evidence conclusively shows that there was such a partnership composed of father and son. I have no doubt that the justice of the peace had power when attention was called to the defect, or at any time during the trial, to cure the defect by…
2Cases cited6 opinions
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Barber v. SmithMichigan Supreme Court · 1879
- Spaulding Manufacturing Co. v. GodboldSupreme Court of Arkansas · 1909
- Morgridge v. StoefferNorth Dakota Supreme Court · 1905
- Marshall A. Lewis & Co. v. LockeSupreme Court of Vermont · 1868
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