McCloskey v. Strickland
Supreme Court of Iowa
Appeal front the Fayette District Court. Petition upon a note, signed “Eranldin Strickland & Co.,” headed and commencing as follows : “ íl.
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Appeal front the Fayette District Court. Petition upon a note, signed “Eranldin Strickland & Co.,” headed and commencing as follows : “ íl. F. Mc-Gloslcey v. Franklin Strickland and Barber English, late paitners, doing business under the name and style of Franklin Strickland & Co. Your petitioner claims of the defendants the sum of, &c., which he alleges to be due him from the said defendants ; and, for cause of such claim, states, that the said defendants executed a promissory note to your petitioner, &c.” A copy of the note is contained in the petition. To this petition, there was a…
1Opinion of the CourtWright, C. J.
The demurrer in this case should have been overruled. Partners may be sued, either in their partnership name, or by setting forth their individual names, at the option of the plaintiff; Code, section 1690. Plaintiff, in this case, elected to set forth the individual names of the partners. Having done so, does he aver sufficient to fix and show the liability of English, as one of the partners? We think he does, with reasonable and sufficient certainty. His petition commences by setting forth the name of the plaintiff, and the names of the. defendants, constituting the late firm of Strickland &…
2Cited by1 opinion
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