Barnet Glass Et Al. v. Newport Clothing

This action in contract, with declaration in the common counts, was originally brought by the plaintiff Barnet Glass. Upon the trial it appeared that one of the items of the specifications, amounting to $45.54, was claimed to be owed by the defendant not to Glass personally, but to a copartnership of which he was a member. He therefore moved for leave to join with him, as parties plaintiff, "Barnet Glass and Samuel Lisman, doing business under the firm name and style of Style Shoppe." After hearing thereon, the motion was granted, and no exception appears to have been taken to the ruling. The trial court filed its findings of fact, and rendered separate judgments for Glass to recover the sum of $190.26, and for the Style Shoppe to recover the sum of $45.54. One of the trustees, The Richford Savings Bank and Trust Company, was held liable according to its disclosure; the other trustee, the National Bank of Newport, was discharged. The defendant excepted to each of the two judgments rendered against it and to certain of the findings.