Czatt v. Case

Decision Date19 December 1899
Citation61 Ohio St. 392,55 N.E. 1004
PartiesCZATT v. CASE et al.
CourtOhio Supreme Court

Error to circuit court, Harrison county.

Action by Lucy A. Case and David L. Taylor against one Czatt. Judgment for plaintiffs was affirmed in the circuit court and defendant brings error. Affirmed.

Spear J., dissenting.

Syllabus by the Court

Where the firm name in which a co-partnership transacts business in the state contains the surnames of all the members of the firm, and none other, it is not ‘a fictitious name or designation not showing the names of the persons' who constitute the firm, within the meaning of the statute requiring a certificate to be filed with the clerk showing the full names of such persons.

M. J McCoy and P. W. Boggs, for plaintiff in error.

Albert O. Barnes and John O. Dickerson, for defendants in error.

PER CURIAM.

The defendants in error are co-partners doing a mercantile business in this state under the firm name and style of Case & Taylor. The co-partnership is composed of Lucy A. Case and David L. Taylor. An action was commenced by them in said firm name before a justice of the peace of the county, where they recovered a judgment, although their right to do so was challenged by motion because the co-partnership designation in which they sued did not contain the full Christian as well as the surnames of the members of the firm. The judgment so recovered was affirmed in the court of common pleas, and its judgment was in turn affirmed in the circuit court. The co-partnership designation under which they transacted the business and brought the suit was not a ‘fictitious name or designation not showing the names of the persons' who constituted the firm, within the provisions of the act (92 Ohio Laws, p. 25) requiring a certificate to be filed with the clerk of the court of common pleas of the county containing the full names of all the members of such co-partnership and their places of residence. Judgment affirmed.

SPEAR J. (dissenting).

I find myself unable to assent to the foregoing holding. Whether or not the name of the firm, Case & Taylor, is a designation showing the names of the persons interested as partners in such business is the question. Is the giving of the surnames only, sufficient, or must there be a designation of the full names of the partners? It seems to me that the words of the statute settle it. They are that a partnership transacting business...

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