Niven v. Spickerman

In sn aet-on of c™rt! entitiedw3^ caned be<mD to An unincorpocannotsuein the name of their trustees. Covenant does 5°)ee'¿een)“ a0" ^mpeithepaydue to the ftom%^oftkc partners'

IN ERROR, on certiorari to a justice’s court. This was an action of covenant, brought by Spickerman & Stever against the defendant below. The defendant prayed oyer, which was refused by the justice, who told him that he had no right to see the covenant until it was produced on the trial. The defendant then pleaded the general issue, and, after . • i i r • a an adiournment, the cause was tried before a mry. A covenant J . i ■ -t r i i or agreement of partnership, signed by the defendant below, to which he, and the plaintiffs below, and several other persons, were* parties, to dig for a mine, for their joint benefit, was produced. By the agreement, it was stipulated, that the affairs of the company should be conducted by trustees, to be chosen by a majority of the subscribers ; and it appeared that the plaintiffs below were the trustees so appointed. The defendant below had paid all his original subscription money, and the company having been engaged in digging for upwards of two years, without any success, he relinquished all that he had paid, , c , . , and refused to contribute any more. This suit was brought by the plaintiffs below, as trustees of the company, to compel the defendant to pay a balance due from him to the company, on partnership account. Judgment was given for the plaintiffs, in the court below.