Cook and Sons Equipment, Inc. v. Morris Killen

In the District Court of Alaska, an action was instituted wherein one Morris Killen was named as plaintiff and “Charles Cook and Charles Cook, Jr., d/b/a Cook & Sons Equipment Company, in the State of California” were named as defendants. It is apparent from the designation of the parties in the complaint that the pleader was under the impression that the defendants were operating a partnership. However it was later made manifest that Cook & Sons Equipment Company is a corporation.

The corporation appeared and answered, trial was had and judgment entered against the defendants as named in the complaint, with the exception that “Inc.” was added after the word “Company”. The corporation having answered, and in the proceedings in the district court recognized as such, we will treat it as having been properly before the district court as a party.

After the entry of judgment in favor of plaintiff, an appeal was taken in which the corporation alone was named as appellant. No mention of the individual defendants was made. After the lodging of the appeal, a motion was made by the individual defendants to have their names added to the notice of appeal on the ground that the omission was…