Peters v. Davis

7 Mass. 257 | Mass. | 1811

By the Court,

(ahsente Parsons, C. J.) We are all of opinion that the plaintiff cannot maintain this action. Here was no such severance of the joint demand of Rawson &f Davenport, as subjects the defendant to two actions for one cause. The whole adjustment of the affairs of the copartnership was between the plaintiff and Rawson: the defendant knew nothing of it, and if he had known it, he was not bound by it. The verdict must be set aside, and the plaintiff must be called.

Plaintiff nonsuit.