Hubbard v. Montross Metal Shingle Co.

The opinion of the court was delivered by

Mirturn, J.

The present application is in arrest of a judgment entered in the Camden Circuit against the above-*209named defendant, upon the ground that while the suit was instituted against the defendant, as a corporation, it transpired at the trial that it was not a body corporate, but that the parties comprising it, Levi H. Montross and William. C. Perrin, were partners in trade doing business under that title. Counsel for the plaintiff then requested the court to allow an amendment of the declaration, by making the individual partners defendants in lieu…