Daynard v. Ness, Motley, Loadholdt, Richardson, & Poole, P.A.
United States District Court for the District of Massachusetts
184 F. Supp. 2d 55 (D. Mass. 2001)
Relevant factsFree
Daynard (plaintiff) sued Ness (defendant) and a separate Mississippi law firm, alleging both firms had agreed to pay him a share of attorney's fees for advice he provided, with a partner at the Mississippi firm allegedly having shaken hands on the deal; the Mississippi firm was dismissed from the case for lack of personal jurisdiction, and Ness moved to dismiss the entire suit for failure to join that firm as an indispensable party, arguing the case couldn't proceed without it since it was central to forming the agreement.
IssueFree
Whether the court must dismiss an action where only one co-obligor under a contract is joined as a defendant in the action.