Club Law And the Law of Unregistered Friendly Societies a Handbook of the Right

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Club Law And the Law of Unregistered Friendly Societies a Handbook of the Right
Dominick Daly
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Rule 14, re- lating to the suing of partnerships in their firm names. After going through various phases, the case finally came before Lords Justices Lindley and Bowen in the Court of Appeal (July 27th, 1889). Mr. Bittleston (who, with Mr. Lumley Smith, Q. C. , ap- peared for the plaintiff) submitted that, although the name " International Club" had been used in the writ, the club, as a club, had not been served nor sued, but only the partnership firm of Kirk and Chinnery. Indivi- duals might c...arry on business under any name — descriptive, non-descrip- tive, or even misdescriptive (y), and (y) Per Erie, C. J. , in Margham v. Thorpe, 17 O. B. (N. S. )462.
78 CLUB LAW.
when (as in this case) the proprietors of a club are sued in the name of the club, it is not the club itself which is sued, but an ordinary commercial partnership, which has chosen to carry on business under that name. Lindley, L. J. , in delivering the judg- ment of the court, reversing the deci- sion of Lord Coleridge, J.


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