Stikeman v. Whitman, Requardt & Smith

A partnership, in and of itself, not being a legal entity (Matter of Peck, 206 N. Y. 55, 60; Jones v. Blun, 145 N. Y. 333, 341), but a status created by the acts of individuals (40 Am. Jur., Partnership, § 2) cannot sue or be sued. When the partners, as persons, are sued in the name of their partnership instead of their individual names, as allowed by section 222-a of the Civil Practice Act, and service of the summons is made upon one or more of them, jurisdiction is obtained over the partnership, its assets and also over the person of the partner served. The statute so states, viz.: when…