Sinsheimer v. William Skinner Manufacturing Co.

on rehearing.

In a petition for rehearing it is suggested that the true doctrine is, that “ when it appears on the face of the declaration that any other person than the one who is sued, is liable, no plea in abatement is necessary,” and the case of Swigart v. Weare, 37 Ill. App. 258, is referred to as sustaining such petition. We do not think that Swigart v. Weare is authority for the doctrine for which appellant contends. It is an imperative rule that all living promisees, whose interests are joint, must be joined as plaintiffs. This is because if,, upon a promise of five, three only bring…