United Kingdom House of Lords Decisions

Lord Chancellor.—My Lords, There is a cause which was heard on a single point before your Lordships, in which the Commercial Banking Company of Scotland, and Archibald Campbell, and other partners of that Company, were appellants, and the trustee and executors of the deceased John Pollock, Esq. manager and permanent director of the Commercial Banking Company of Scotland, were respondents. This case was argued on the single point of the propriety, according to the law of Scotland, of the description of the parties, Whether persons who were united in a trading concern, and describe themselves, for instance, as the Commercial Banking Company of Scotland, can be sued by that title? My Lords, I think, according to the law of Scotland, and according to the practice which has prevailed in that country, the parties appellants are sufficiently described in this case;—it is not merely the Commercial Banking Company of Scotland, but it is the Commercial Banking Company of Scotland, and Archibald Campbell, Esq. and many other persons, by name, who are described as partners in that Bank; and I think where a commercial establishment of that kind exists, it is sufficient, for the purpose of carrying on a suit, to carry it on against the firm, adding to the firm the names of some of the partners in the establishment. This is a still stronger case, because the particular individuals named in this instrument are those individuals of whose conduct the pursuer thinks he has most reason to complain. It is unnecessary to pronounce any opinion in this case as to the result of this judgment. The case

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