Ruzicka v. Rager

The question presented for our determination is whether in an action to enforce a partnership claim, a counterclaim (here denominated “ Third ”), may be set up by which the appellant seeks to impose a “ nonpartnership ” liability against the partners (one of them a limited one) individually. There is a “ Second ” counterclaim, involving legal fees, which has been sustained as against the partnership but dismissed as against the partners as individuals. While no point was made during the argument as to that dismissal, appellant does argue in his brief that the “ Second ” counterclaim was…