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Actions by and Against the Firm


ACTIONS BY AND AGAINST THE FIRM. A partnership may be called by a collective name for convenience, but it is not recognized in law as a person, and cannot sue or be sued in the firm name unless the State statutes authorize such suits. Hence all the actual and ostensible partners should join in the action upon a firm claim, unless it results from a con tract under seal made in the name of one partner, when it should be brought in the name of such partner. The individual names of all thd partners should be stated as plaintiffs, whether the action is upon a con tract claim or arises from a tort against the firm.

In actions against the firm arising from contract, all the partners, actual and ostensible, should be joined as defendants. This is because the liability is said to be joint and not several. But statutes in many States have made the obligation both joint and several, and in these States the plaintiff may sue any or all of the part ners. In actions against the firm for torts com mitted by its servants or agents, the liability is also joint and several, and suits may be brought against all or any of the partners.