Sweet, Dempster & Co. v. Ervin & Co.
Supreme Court of Iowa
Appeal from Wmneshieh Gvreidt Goiort. It is averred in the petition that the defendants are a co-partnership, and that the plaintiffs “ sold and delivered to defendants goods, wares, and merchandise of the agreed price, and of the aggregate value, of $283.88, no part of which has been paid, and the same is now due plaintiff from defendant, with six per cent interest.”
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Appeal from Wmneshieh Gvreidt Goiort. It is averred in the petition that the defendants are a co-partnership, and that the plaintiffs “ sold and delivered to defendants goods, wares, and merchandise of the agreed price, and of the aggregate value, of $283.88, no part of which has been paid, and the same is now due plaintiff from defendant, with six per cent interest.” The defendants demurred to the petition upon the ground that the legal capacity of the plaintiff to sue “ was not evidenced by any allegation that they sue as a co-partnership or a corporation.” The demurrer was overruled.…
1Opinion of the CourtEothrook, J.
1. PLEADING: action by partnership tk)n"rSemurr01, By section 2T16 of the Gode it is provided that a plaintiff, suing as a corporation or partnership, may aver generally, or as a legal conclusion, that it is a ° J ° . ,, corporation or partnership, lms would seem to ->• x i. £hat such an averment is necessary to constitute a good pleading. In Byington v. M. & M. R. Co., 11 Iowa, 502, the plaintiff sued the defendant by its name for a trespass upon lands. There was no averment in the petition that the company was a partnership or corporation organized under the laws of this or any other state.…
2Cases cited1 opinion
- Byington v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
3Cited by5 opinions
- University of Chicago v. EmmertSupreme Court of Iowa · 1899
- J. P. Calnan Construction Co. v. BrownSupreme Court of Iowa · 1899
- M. Schulz Co. v. GriffithSupreme Court of Iowa · 1918
- Barber v. ClendanielSuperior Court of Delaware · 1917
- Ware v. LeffertSupreme Court of Iowa · 1911