| Mich. | Mar 26, 1901

Grant, J.

(after stating the facts). Two defenses; are interposed:

1. That the account sued upon was not a partnership debt-

2. That plaintiff cannot maintain the action, because he was not a party to the agreement between Pinch and Robinson when the partnership was dissolved.

We think there is testimony tending to show that it was a partnership account. That was the only question submitted to the jury, and they have settled it in favor of the plaintiff.

Defendant was liable as a member of the firm, and no-doubt could arise as to plaintiff’s right to recover as against the members of the firm. The declaration in*187formed him of the nature of the claim, and he could only take advantage of the nonjoinder of his partner as defendant by a plea in abatement. Story, Partn. §§ 241 (note), 455; Slutts v. Chafee, 48 Wis. 617" court="Wis." date_filed="1880-03-09" href="https://app.midpage.ai/document/slutts-v-chafee-6603080?utm_source=webapp" opinion_id="6603080">48 Wis. 617 (4 N. W. 763); Hardy v. Cheney, 42 Vt. 417" court="Vt." date_filed="1869-08-15" href="https://app.midpage.ai/document/hardy-brown-goss--co-v-cheeney-6578944?utm_source=webapp" opinion_id="6578944">42 Vt. 417; 15 Enc. Pl. & Prac. 894.

Judgment affirmed.

The other Justices concurred.
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