Olsen v. Puntervold

Full caption · 2 consolidated cases

Ivar OLSENv.Sverre PUNTERVOLD
Sverre PUNTERVOLDv.Ivar OLSEN

Fifth Circuit Court of Appeals

October 29, 1964.

Rehearing Denied December 1, 1964.

Fifth Circuit Court of Appeals · decided 1964-10-29

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1964-10-29

How this case has been cited

Cited by 12 later decisions — most recently August 1997

2 federal appellate · 3 district · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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N. J. Durant, Miami, Fla., for appellant.

Herbert F. Krensky, Miami, Fla., for appellee.

Before JONES and GEWIN, Circuit Judges, and ESTES, District Judge.

PER CURIAM.

¶1

Ivar Olsen, plaintiff in the district court, appellant here, sought to recover in a diversity action in Florida from the appellee, Sverre Puntervold, on a judgment rendered in a New York Court against a partnership of which the appellee was a member in a case where no service was had on the appellee. The district court correctly held, in dismissing the complaint, that a judgment against a partnership is not binding upon a partner in his individual capacity where rendered in an action without service upon him.

¶2

The appellee, Puntervold, filed a counterclaim for malicious prosecution which the district court dismissed without prejudice. The counterclaim was premature and the dismissal was proper. 3 Moore's Federal Practice 36, Par. 13.13 n. 19.

The judgment of the district court is

¶3

Affirmed.