Bennett v. Bird

Scudder, J. (dissenting).

Plaintiff sued to recover upon a promissory note made by Amory Browne & Company, 1928 Firm *546of Boston, Massachusetts, of which firm defendants had been partners. The firm has been dissolved. Defendant, respondent, Meffert resides in this State and has been duly served with the summons and complaint. Defendant, appellant, Amory resides in Massachusetts and was not served with the summons and complaint, and did not appear in the action by attorney or otherwise.

The pleadings indicate that Meffert’s defense relates not only to plaintiff’s alleged claim, but also…