Barber v. Clendaniel

Citations

• 30 Del. 11
• 7 Boyce 11
• 102 A. 84
• 1917 Del. LEXIS 41

Syllabus

<p>1. Trial—Reception of Evidence—Exclusion.</p> <p>Where the admissibility of evidence is doubtful, it should be received subject to a motion to strike at the conclusion of the testimony.</p> <p>2. Partnership—Partner’s Right of Action.</p> <p>A partnership has no separate existence as distinguished from the individual members composing it, and the partnership cannot sue otherwise than in the individual partners' names.</p> <p>3. Partnership—Allegations—Declarations—Sufficiency.</p> <p>In view of Rev. Code 1915, § 4171, declaring that in any action by or against partners it shall not be necessary for the plaintiff to prove the partnership, but the same shall be taken to be admitted as alleged, unless defendant files an affidavit denying the existence of the partnership, averments of the existence of a partnership between plaintiffs is necessary, in order to maintain an action on a claim arising out of such existence.</p> <p>4. Continuance—Amendment of Pleading.</p> <p>Where the court allowed plaintiffs to amend the declaration, so as to allege that they were partners, defendant, on the assurance that he has proceeded on the theory that plaintiffs were joint parties, is entitled to continuance.</p>