Gans v. Beasley
North Dakota Supreme Court
Appeal from District Court, Stark County; Winchester, J. Action by Joesph Gans against Washington W. Beasley, George M. Beasley, and Nat Beasley, co-partners doing business under the firm name of W. W. Beasley & Sons. From an order refusing to vacate an attachment issued by plaintiff, defendants appeal. A partnership consisting of several persons must sue or be sued by their names at length and not in the firm name.
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Appeal from District Court, Stark County; Winchester, J. Action by Joesph Gans against Washington W. Beasley, George M. Beasley, and Nat Beasley, co-partners doing business under the firm name of W. W. Beasley & Sons. From an order refusing to vacate an attachment issued by plaintiff, defendants appeal. A partnership consisting of several persons must sue or be sued by their names at length and not in the firm name. Estees PI. 510; Dently v. Smith, 3 Cal. 170; Smith v. Canfield, 8 Mich. 493; Parsons on Partnership, § 375, 200; Cady v. Smith, 12 N. W. Rep. 95; Crandell v. Beach, 7 How. Pr.…
1Opinion of the CourtWallin, J.
Action on a promissory note signed in defendants’ firm name, viz. “W. W. Beasley & Sons.” On the 7th day of August, 1893, a summons herein was issued, and delivered to the sheriff for service, and was served upon the defendant Washington W. Beasley. The regularity of the summons is not questioned, except as to the manner of describing the defendants in its title. The action is entitled, in the original summons, “Joseph Gans, Plaintiff, vs. W. W. Beasley & Sons, defendants.” On said 7th day of August, 1893, and affidavit and undertaking in attachment were filed in said action in the office of…
2Cases cited13 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
- Barber v. SmithMichigan Supreme Court · 1879
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3Cited by22 opinions
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- Hartley v. Jerry's Radio & Electric ShopSouth Dakota Supreme Court · 1951
- Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
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