Commercial Bank of Los Angeles v. Mitchell

Citations

• 58 Cal. 42

Syllabus

<p>Partnership—Preference of Firm over Individual Debts—Complaint in Action against Partnership —Title of Action—Pleading— Practice.'—In an action against the members of a partnership upon a joint and several promissory note, signed by them individually, but not with the firm name, an attachment was issued and levied upon the interests of defendants in the partnership property, upon which one attachment previously had been, and others were subsequently, levied in actions against the firm. Subsequently the plaintiff, under § 432 of the Code of Civil Procedure, amended his complaint, by alleging the partnership of the defendants, and that the note was a partnership debt; but the action still ran against the defendants as individuals, and judgment was entered against them in that capacity. Judgments having been entered in all the eases, the property was sold under execution in one of the cases against the firm, and the proceeds applied in satisfaction of that execution and another in a similar case. Held, that the money was properly applied on the executions against the firm in preference to those of the plaintiff.</p>