SOCIETE.—ENREGISTREMENT

Cour SUPÉRIEURE, Montréal, 17 décembre 1872.

Présent : MACKAY, J.

DUSSEAULT vs RADWAY.

Jugé: Qu’une personne qui fait commerce pour son propre compte, mais sous le nom d’une société, n’est pas tenue d'enregistrer la déclaration exigée dans le cas des sociétés.

PER CURIAM : Suit was brought to recover from Richard J. Radway, the penalty of $200, for not registering his partnership. The declaration alleges-that he isa member of the tirm of John Radwuy & Co. of New York, and who have a branch store on the corner of Saint-François-Xavier and Saint-Paul streets, in this city, and that no new registration has taken place since the death of John Radway, the senior partner. It looks as if this suit arose out of a former one by Radway against Dusseault, but the case must be judged on its merits. Plaintiff brings up employés of defendant to prove his case. Prentice defendant’s manager here, tries to evade in every possible way the questions put to him, and his deposition thus extends to 28 pages. But, to one accustomed to weigh evidence, he clearly proves the facts he attempts to conceal. Defendant has even denied the death of John Radway, and this witness pretends he does not know who his employers are. But we must see whether the act applies here. It provides that resident partners shall sign for those partners who do not reside here ; but this is a case where none of the partners reside in the country, and is a case apparently overlooked by the act; and the point is, that, although a firm name is used, the defendant alone does business under that name. Now the act does not apply to such a case. À man may do business under whatever name he chooses, and, so long as there are not two or more associates, they need not register. On these grounds, the action cannot stand, and it will be dismissed, but without costs, as the defendant denied facts he should not have denied, and as the action is dismissed on grounds not raised by the counsel, but raised by the court. (4 R L., 479 ; 2 R. C., 485.) T. & C.-C. DELORIMIER, for plaintiff.

F.-E. GILMAN, for defendant.