Spencer Field & Co. v. Cooks

The main question at issue between these parties is, whether the defendants are a commercial firm, and, therefore, bound solidarity as partners, or whether they compose an incorporated company, the individual members of which would be bound to the amount of their subscriptions, respectively.

It is, however, contended lhat the plaintiffs are precluded' from showing that the defendants do' not constitute a corporation, because, in a previous suit, the former recognized the corporate capacity of the latter; and secondly, because the contract, which is the basis of the present demand, was made…