Page:Federal Reporter, 1st Series, Volume 8.djvu/476

463 FEDERAL B^OBTSIt. �would naturially suppose that, in view of evidence which could not but be coiiBidered as damaging, the defendant would have, made such statements and explanations as might tend to satisfy a trier that the inferences which were sought to be drawn from the evidence were unfounded. He made, how«verj but little explanation ; and, when his case was known to be in danger, he apparently furiiished hia able and ingenious counsel with no theory whioh they could press upon the attention of the court. �There should be a final deeree in acoordanc© with the findings of the mauter ag modiued in this opinion. ���KiEBT, Executor, etc., ». Like Shokb & Michigan Southebh E. Co. ata �' others.* �[Oircv.it Court, S. D. New York. March 9, 1881.) �1. I^EADiiTG— Joint Claim. ; , �On a joint claim a joint action must be brought. �2. Pabtnbeship— ExEcnTQR OF Dkcbasbd Paktnee— Sdii on 'Pautneiiship Clam. �A bill, brought byttfe executor of a deceased partner to recover sucii partner'» share in a partnersbip olaim, is demurrable, though the surviving partners were made defendants in the bill, and though the ftill alleged that they vbad been requested to join as complainants but had ref used to do so, �: Georgfe i^orm, for plaintiff. ■ ■■ ■ �John E. Burrill, for defendants. �Blatchtobd, C. J. By tha death of John T. Alexancler, tho sol» and exclusive right and remedy to reduce into possession the claim which is the subject-matter of this suit survived to the surviving partneia of the firm. The claim is a claim which belonged to the partnership as such. It was a joint claim, and not a claim in which, as respected the defendants, or any suit against them to recover the cla,im, the members of the copartnefship had a several interest, or an interest which would have authorized any one of them to maintain 'a suit, to recover his aliquot share of the claim before the death of any one of the partners. The two surviving partners are made de- fendants. The Buitus brought by the executor of the deceased part- ner to recover only the share of the deceased partner in the claim. The claim iaa unit. The surviving partners are the only proper persons to sue for the claim. ■ If; on any allegations, the executor of the deceased partner could beaiiowed to sue, making the two surviv- ling partners defendants, he could not do so witiioat alloging that the �•See 14 Fed. Rep. 261. ��� �