Schuyler v. Booth

In this action by a former partner the plaintiff Seeks to be subrogated to the rights of the creditor-defendant Booth in certain mortgages held by him which were made by defendant Paret, the copartner, to secure payment of a firm obligation. The defendant Booth demurs on four grounds, which will be considered in their order:

1. That there is a defect of parties plaintiff, in that the defendant copartner should have been joined as plaintiff.

The complaint shows that the copartnership is dissolved; that the plaintiff has paid all the firm debts except the note in suit, which is overdue; that an…