Bird v. J. L. Prescott Co.

The opinion of the court was delivered by

Swayze, J.

This action was at first brought against the corporate defendant alone. Subsequently by order of the court, the complaint was amended by joining the surviving partners. Whether the surviving partners were ever in fact brought into court is a question raised in the case and presented by tbe grounds of appeal. We pass it, since our view of the more important questions makes any expression of opinion on this subject unnecessary.

The plaintiff in 1905 was injured while in the employ of: the copartnership, and threatened suit. To induce him to *592forbe…