Nightingale v. Scannell

Citations

• 6 Cal. 506

Syllabus

<p>When one partner sues for an injury to the partnership property, and makes his co-parfcner a defendant for want of his consent to join as plaintiff, the recovery must be entire for the whole injury.</p> <p>The law will not tolerate a division of a joint right of action into several actions.</p> <p>In such a case the partner recovering is liable to account to his co-partner defendant; and the latter being immediately interested in the event of the suit, is not, therefore, a competent witness for the plaintiff.</p> <p>Qucere—Whether such non-joinder of parties plaintiff is permissible.</p>