Hatzel v. Moore

Citations

• 120 F. 1015
• 1903 U.S. App. LEXIS 5320

Syllabus

<p>1. Partnership — Debts op Firm — Release op Partner — Actions—Parties.</p> <p>A complaint alleged that a firm consisting of defendant and W. was indebted to plaintiff’s assignor, and that W. paid a certain sum in satisfaction of one-half of the debt, which was accepted in full satisfaction of all claims against W., and that defendant was liable for the balance. Held, that since Code Civ. Proc. N. Y. § 1942, permitting separate composition by joint debtors, expressly excludes partnership liabilities until after dissolution, under such allegations one-half of the debt was released as against both partners, and both were liable for the balance, and hence an action could not be maintained against defendant alone.</p> <p>2. Same — Partnership and Individual Causes — Joinder.</p> <p>Where partnership and individual causes of action were joined in the same complaint, but a demurrer was sustained to the count charging a cause of action against the firm, the complaint was good as to the other.</p>