Howard v. Reith

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellant appealed from a justice of the peace to the circuit court where there was a trial de novo resulting in a verdict and judgment in favor of appellees for $98.

Appellant contends that the suit was brought in the name of one partner to collect a debt alleged to be due to the firm of which he was a member. At the close of appellees’ evidence appellant requested a peremptory-instruction on the ground that there was a nonjoinder of a necessary party plaintiff. The court granted leave to join the other partner as a coplaintiff and…