KASSLY UNDERTAKING CO. v. FLXIBLE CO

ATTACHMENT, § 54 — sufficiency of affidavit by agent of partnership. Where in an attachment proceeding an affidavit was signed in the name of a partnership and in the name of the managing partner personally, since the latter was the only plaintiff with the legal capacity to sue, and he could sue without joining dormant partners, the affidavit was not subject to an objection that it did not show that the affiant was acting as agent of the creditor bringing the suit, and denial of motions to dismiss and for directed verdict was proper.

Opinion by JUSTICE DADY.

"Not to be published in full." Opinion filed March 2, 1942; rehearing denied April 1, 1942.