Omaha Crockery Co. v. Cleaver

Citations

• 104 Kan. 642
• 180 P. 273
• 5 A.L.R. 1537
• 1919 Kan. LEXIS 326

Syllabus

<p>SYLLABUS BY THE COÜRJ.</p> <p>1. Action against Partnership — Cross-demand of One Partner Individually — Not a Proper Counterclaim. In an action upon a verified account against two partners for an indebtedness of the partnership, , a cross-demand by one of the partners individually for damages to her caused by an unrelated fort of the plaintiff cannot be used as a set-off or counterclaim against the plaintiff’s action.</p> <p>2. Same. Two defendants were partners in conducting a variety -store. They bought a small bill of goods from plaintiff, and failed to pay for them. Plaintiff sued the partners upon its verified account. One of the defendants set up a cross-demand for damages to her individually, caused by her being poisoned by the wrappings of a former shipment , of goods received from the plaintiff. Held, that such cross-demand, not being a mutual defense to her and her partner, cannot serve as a set-off or counterclaim to plaintiff’s verified account against the two partners.</p>