Cook v. Fowler

Citations

• 101 Cal. 89
• 35 P. 431
• 1894 Cal. LEXIS 987

Syllabus

<p>Partnership — Failure to File Certificate—Pleading—Matter of Defense—Waiver.—The failure of a partnership, doing business under a designation not showing the names of the persons interested as partners, to make, file, and publish a certificate stating the names and place of residence of the partners, as required by sections 2466 and 2468 of the Civil Code, is a matter of defense to an action by the partnership to be set up by the defendants, and if not so taken is waived, and cannot be urged for the first time upon appeal.</p>