Parker v. Heald
District of Columbia Court of Appeals
Hearing on an appeal by the defendants from a judgment of the Supreme Court of the District of Columbia in an action of assumpsit, a jury trial having been waived.
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Hearing on an appeal by the defendants from a judgment of the Supreme Court of the District of Columbia in an action of assumpsit, a jury trial having been waived. The Court in.the opinion stated the facts as follows: Lizzie C. Heald, executrix of Edwin Heald, her deceased husband, sued E. Southard Parker, Anson S. Taylor, William N. Freeman, Edward S. Westcott, and Alexander B. Garden, the defendants, as members, and therefore copartners, in an unincorporated joint-stock association doing business under the name of the Anacostia Building & Loan Association, to recover $600, with interest…
1Opinion of the CourtJustice McComas
It is clear that the subscribers to the “capital stock” are to be deemed partners in this association, and each one of such members became liable to the creditors of the association. Norwood v. Francis, 25 App. D. C. 471. If the plaintiff below is found to be a creditor, her right to sue such members cannot be disputed, and all of the members are liable to suit. In the present case, five only have been made defendants, but this suit is maintainable against them unless they plead in abatement the nonjoinder of their associates, which they have not done. It would not suffice, however, to set up…
2Cases cited4 opinions
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
- Cook v. Equitable Building & Loan Ass'nSupreme Court of Georgia · 1898
- Cashen v. Southern Mutual Building & Loan Ass'nSupreme Court of Georgia · 1902
- Kingsland v. BraistedNew York Supreme Court · 1870