Harrison v. McCormick

Citations

• 69 Cal. 616
• 11 P. 456
• 1886 Cal. LEXIS 698

Syllabus

<p>Cross-complaint — What is—Parties—Causes op Action.—A cross-complaint is a pleading t>y a defendant to an action, which contains a statement of facts sufficient to constitute a cause of action against the plaintiff in reference to the transaction upon which the original action is founded, or affecting property to which the original action relates. The parties named in the cross-complaint must he parties to the original action, and the cross-complaint itself must contain all the facts necessary to constitute a cause of action in favor of the defendant and against the plaintiff in the original complaint.</p> <p>Id.—Cannot Exist in Favor op Stranger to Action. — A cause of action existing in favor of the defendants and a stranger to the original action, and not in favor of the defendants alone, cannot he asserted by way of cross-complaint.</p> <p>Id.—Pleading Improperly Designated as Cross-complaint—Admission of Service. —A pleading improperly designated as a cross-complaint will not he treated as such, so as to necessitate an answer thereto by the plaintiffs, merely because the plaintiffs indorsed thereon an admission of service and a consent that the pleading stand as and for the defendant’s answer and cross-complaint.</p> <p>Partnership — Identity op Firms. — A partnership alleged to be composed of two persons, doing business under the firm name of McCormick & Lewis, and a partnership alleged to be composed of three persons, doing business under the firm name of McCormick, Lewis & Co., will not he presumed to be the same firm, in the absence of any allegation or proof of their identity.</p> <p>Id. — Joint Liability op Partners. — Several persons contracting together with the same party for one and the same act are liable jointly, and not individually or separately, in the absence of any words to show that a several as well as an entire liability was intended. Especially is this the rule as to the legal liability of partners upon their partnership ■ obligations.</