Suppiah V. Paliahpillai

July.27,1911    Present: Wood Renton J.

SUPPIAH v. PALIAHPILLAI.

241-C. R. Colombo, 22,430.

Partnership-Action by manager of partnership-All partners must join in the action.

Plaintiff, who was manager of the Colombo Aerated Water Company, which was not an incorporated company, sued the defendant, who was employed by him for hawking aerated waters, for the recovery of Its. 164. 04, being the value of empty bottles not returned and the balance cash proceeds of sale of waters.

Held, that all the partners of the firm should have joined in the action.

" The defendant did not contract with the plaintiff on the footing that the latter was an agent pledging his credit as principal. The plaintiff could not therefore maintain this action as agent, and that being so, he is unable to maintain it as partner."

THE facts are set out in the judgment of Wood Renton J.

Bawa (with him Morgan de Saram), for appellant.-Plaintiff is the manager of the Colombo Aerated Water Company, which is not an incorporated company. He could not therefore sue on any contract with the company. All the partners should have joined in the action.

Counsel cited Boustead on Age

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