Pope Manufacturing Co. v. Charleston Cycle Co.

Citations

• 55 S.C. 528
• 33 S.E. 787
• 1899 S.C. LEXIS 141

Syllabus

<p>1. Counter-claim — Set Off — Partnership.—In an action against a partnership on a partnership contract no one of the partners can set up as a counter-claim or set off a claim or demand due to him personally.</p> <p>2. Partnership — Code, 157, 296, Construed. — A partnership contract is a joint contract, and secs. 157 and 296 of the Code do not apply to suits against a partnership when all partners are served. Rice v. Shute, S Burr., 2511; Plyer v. Parker, 10 S. C., 464; Weisenfield v. Byrd, 17 S'. C., 106; Bull v. Lambson, 5 S. C, 283; Dulaney v. Blford, 22 S. C., 304; Baker v. Hornick, 51 S. C., 313; McAllister v. Milheiser, 23 S. E. R., 502; and Bank v. Winslow, 30 Fed. R., 488, distinguished from this.</p> <p>3. Ibid. — Limited Partnerships — Judgments.—-Rev. Stat., 1408, applies to limited partnerships and not to general partnerships. Mode of entry of judgments against partnership and lien thereof indicated.</p> <p>4. Ibid. — Pleadings—Complaint.—A plaintiff who sues to recover a debt alleged to be due by a copartnership cannot recover a judgment against any one of the partners individually without amending his complaint by converting his action into one against them as individuals.</p>