Ginsberg

The action as originally commenced on May 25, 1926, was entitled “Ginsberg Tile Company, a copartnership, against Salvatore Faraone and Jennie Faraone, his wife”, alleging that certain work had been done by the plaintiff upon the improved property of the defendants under an agreement between them whereby •plaintiff was to be paid $593.75 for its work, which amount was unpaid, and that a claim of lien had been filed for record on February 24, 1926, with a prayer for judgment for said sum of $593.75, and for a foreclosure of the lien. There was no allegation in the complaint respecting the copartnership named in the caption, or showing who were its constituent members.

Defendants demurred upon the sole ground that plaintiff had no legal capacity to sue, and moved to dismiss upon the same ground. On July 17, 1926, and before the demurrer and motion were heard, an amended complaint was filed in the name of the same plaintiff- and with two personal defendants, G. M. Sourich and T. A. Sourich, and four fictitious defendants added, and containing an allegation that plaintiff Ginsberg Tile Company was at all times mentioned a copartnership composed of H. Ginsberg and S. Ginsberg, and…