Kassly Undertaking Co. v. Flxible Co.

Full title: Kassly Undertaking Company and John Kassly, Appellees, v. Flxible Company…

Court: Appellate Court of Illinois, Fourth District

Date published: Mar 2, 1942

313 Ill. App. 653 (Ill. App. Ct. 1942)

40 N.E.2d 621

Opinion

Opinion filed March 2, 1942 Rehearing denied April 1, 1942

ATTACHMENT, § 54^_ — sufficiency of affidavit by agent of partnership. Where in an attachment proceeding an affidavit was signed in the name of a partnership and in the name of the managing partner personally, since the latter was the only plaintiff with the legal capacity to sue, and he could sue without joining dormant partners, the affidavit was not subject to an objection that it did not show that the affiant was acting as agent of the creditor bringing the suit, and denial of motions to dismiss and for directed verdict was proper.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from City Court of East St. Louis; Hon. RALPH COOK, presiding.

Affirmed. Heard in this court at October term, 1941; opinion filed March 2, 1942.

MacDonald, Meyer Meyer, for appellant;

Stanford S. Meyer, of counsel;

Louis Beasley and Edward C. Zulley, for appellees.

Opinion by JUSTICE DADY.

"Not to be published in full." Opinion filed March 2, 1942; rehearing denied April 1, 1942.