13 S.D. 365 | S.D. | 1900
This is an action upon a promissory note. The defendant Andrew J. Knight was not served, and made' no appearance in the action. ' The other defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action as against them. The demurrer was overruled, and, the defendants declining to answer, judgment was entered against them for the amount due upon
In the title the defendants are thus described: “Joseph Hattenbach and Aaron Hattenbach, Co-Partners Doing Business under the Firm Name of J. Hattenbach & Bro., and Andrew J. Knight, Defendants.” The complaint commences as follows: “The plaintiff above named complains of the above-named defendants,” and after setting out that the plaintiff is a banking corporation, etc., alleges as a cause of action “that said defendants under the name of A. J. Knight and J. Hattenbach & Bro., at Deadwood, South Dakota, upon the 8th day of March, 1894, for value received, duly executed and delivered to the Merchants National Bank of Déactwood, South Bakotas their certain promissory note, whereby they jointly and severally promised to pay to the said Merchants’ National Bank, ninety days after date, the sum of four hundred fifty dollars ($450), with interest thereon at the rate of 12 per cent, per annum from date * * *” The note is set out in the complaint, and is signed as follows: “A. J. Knight, J. Hattenbach & Bro.” It is further alleged in the complaint that the said note was indorsed and delivered to the plaintiff, who is now the owner and holder of the same and that no part of the same has been paid; and plaintiff demands judgment against the defendants, and each of them, for the amount specified in the note, with interest.
It is contended by appellants that the demurrer should have been sustained for the reason that “there is nothing whatever in the complaint by which to connect these appellants with J. Hattenbach & Bro.” The respondent, however, insists that as the names of the Hattenbachs are fully stated in the title, the allegation that ‘‘said defendants, under the name of