Nightingale v. Scannell
Cases that cite this one
3 later published cases cite this decision.
- Sears, Roebuck & Co. v. Blade (United States District Court for the Southern District of California 1954)
- Martin v. Howe (Cal. 1922)
- Lewis v. Hayes (Cal. 1918)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Mr. Justice Terry concurred.
Where one partner sues for an injury to the partnership property, and makes his co-partner a defendant for the want of his consent to join as plaintiff, the recovery must be entire for the whole injury.
The law will not tolerate the division of a joint right of action into several actions; the whole cause of action must be determined in one, and thus avoid a multiplicity of suits. ' ®
In such case, the partner recovering is liable to account to his co-partner defendant, and the latter is interested immediately in the event of the suit, and is not therefore a competent witness for the plaintiff.
Whether such a non-joinder of the plaintiffs is within the spirit and meaning of the statute so as to be permitted, we do not mean here to decide, as the question is not raised.
Judgment reversed, and cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.