Bischoff & Co. v. Blease

Citations

• 20 S.C. 460
• 1884 S.C. LEXIS 32

Syllabus

<p>1. In action brought by A., B. and C., styling themselves in the title as A. &. Co., the complaint alleged that defendant had executed his notes to A. &■ Co., and that plaintiffs were the owners and holders thereof, but it did not allege a partnership between A., B. and C. Held, on demurrer, that thécomplaint did not state facts sufficient to constitute a cause of action.</p> <p>2. Where plaintiffs sue as partners, their right to sue as such depends upon, the existence of a partnership, which therefore is an issuable fact, and must, be alleged in the body of the complaint.</p> <p>3. The notes being payable to a partnership, only the members of the partnership can sue thereon; therefore, the existence of the partnership, and that, plaintiffs are members thereof, are material and essential facts to the plaintiffs’ cause of action.</p> <p>4. The allegation that plaintiffs were the owners and holders of the notes, sued on, did not show that they had the right to sue in the character of' partners, as stated in the title of their complaint.</p> <p>5. The demurrer to this complaint being sustained, plaintiffs should have-leave to amend.</p>