Gaffney v. Hoyt
Idaho Supreme Court
APPEAL from District Court, Alturas County. In a joint action against copartners as such, on a contract, the action must stand as to all or none, and that in such easels the common-law rule is the law. And further, that even under the code the same rule obtains as to the action.
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APPEAL from District Court, Alturas County. In a joint action against copartners as such, on a contract, the action must stand as to all or none, and that in such easels the common-law rule is the law. And further, that even under the code the same rule obtains as to the action. (Parsons on Partnership, 108; 7 Minn. 217 (7 Gill. 159); 1 Minn. 102 (1 Gill. 81); 2 Minn. 210 (2 Gill. 171); 22 Minn. 203; Bliss on Code Pleading, secs. 325, 327; 3 Minn. 106 (3 Gill. 58); 11 Minn. 138 (11 Gill. 87); Hilliard on New Trials, see. 2, p. 446; Hilliard on New Trials, see. 13, p. 452; 48 Cal. 438.) Can…
1Opinion of the CourtBuck, J.
About July, 1883, M. L. Hoyt & Co., doing business as bankers at Shoshone, Alturas county, Idaho territory, received on deposit of the plaintiff, Bartley Gaffney, $914.20. Shortly after, to wit, August 3, 1883, the said company sold their said business to Boss Cartee, and gave notice to their depositors to “look to said Cartee for the payment of any money due them from said bank, from the date of said notice.” That afterward, the said Cartee having failed, the plaintiff demanded payment of the said firm of Hoyt & Co. of his said deposit, which demand being refused he commenced this action for…
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