Walsh v. Thomas' Sons

Citations

• 91 Ohio St. (N.S.) 210

Syllabus

<p>Partnerships — Fictitious name — Right to maintain action — Section 8104, General Code — Pleading—Noncompliance with Section Sopp, General Code — Constitutes defense and defeats action, when — Special findings by jury — Section 11464, General Code — ■ • Error for court to explain, when — General and special verdicts.</p> <p>1. A partnership, doing business under a fictitious name, may commence or maintain an action under Section 8104, General Code, without alleging compliance with the act requiring registration; noncompliance may be shown as a defense and will defeat the action unless compliance with Section 8099, General Code, be made during its progress.</p> <p>'2. Upon submission by the court, of a request for a special finding upon a particular question of fact under Section 11463, General Code, it is error for the court to explain to the jury the legal effect of the answer thereto, or to give any instruction, explanation or suggestion that seeks to harmonize the answer with the general verdict or with other special findings submitted for determination.</p>