24 Ind. 349 | Ind. | 1865
Abbott, the appellee, sued Duck, the appellant, before a justice of the peace, on an account, for his interest in the proceeds of the sale of sacks, in the hands of Duck, and recovered a judgment. The case was appealed by Duck to the Circuit Court.
The orilyT error assigned is the ruling of the court in overruling the demurrer to the complaint. Anterior to our present code, one partner could not sue another at law, to recover money claimed to be duo on the unsettled partnership accounts, but since the distinction between law and equity has been abolished, the rule can have no application. Here, the complaint states the account, shows the amount due to the plaintiff, and alleges that the whole amount of the partnership assets is in the hands of the defendant. Under this showing, the appellee insists that he has no cause of action against Craig, and was not entitled to a judgment against him ; that he only socks to
The judgment is reversed, with costs', and the cause remanded to the Circuit Court, with instructions to sustain the demurrer to the complaint, and permit the plaintiff below to amend his complaint and make Craig a party defendant.