¶1Stating that the plaintiffs named, and comPan7 complain, is acknowledging that other persons ought to sue. Did the defendants ever acknowledge there were no others ; this mode of declaring ought not to be suffered. Why did you not say Thomas Bentley, Allen Potter, and John P. Becker, trading under the stile and firm of T. B« A. P. J. P. B. and Company ? The demurrer is well taken, and the defendants entitled to judgment. But the plaintiffs may amend on payment of costs.
3 Cai. Cas. 170
Bentley v. Smith
Decided August 15, 1805
New York Supreme Court · decided 1805-08-15
. ON a promissory note to Thomas Bentley, Allen Potter, John P. Becker, and Company, the declaration commenced in this way : Albany, to wit: Thomas Bentley, Potter, John P. Becker, and Company, complain &c. To this a general demurrer. Foote insisted, that it was evident on the face of the re-corch ^at there were otherpersons not mentioned who ought to have been joined.
Decided 1805-08-15