Commercial Credit Co. v. Ramsey

I The only issue presented to the court in the case brought by the bank for recovery on the promissory notes was whether or not Eugene L. Ervin was a partner in the Milton Motor Company and whether or not he was liable on the notes sued upon. The plaintiff in error relies on §§11255 and 11262 GC to support its contention that it is a proper and necessary party to the suit. A similar question was presented in the case of Moeser, Trustee v Republic Distributing Company, 10 Oh Ap 356, where it is held:

“Persons who are made defendant under §§11255 and 11262 GC, must be those whose presence is…