Smith v. Salomon

In three counts of his declaration the plaintiff in error set out causes of action which accrued to himself and Crocker in the life-time of Crocker, and in three other counts he set out causes of action which accrued to himself only. Counsel for defendant in error admit that this was no misjoinder, but say that according to Jell v. Douglas, 4 B. & Ald. 374, the plaintiff should have shown himself to be the surviving partner of Crockér. The rule that a surviving partner shall declare himself to be such in an action upon a demand due the partnership, appears to be well established, but it is to…