Dormant and secret partners are proper but not necessary parties defendant to a suit against the firm; but if they are not made parties, even though the failure to make them so arises from ignorance of their existence, a judgment obtained against the ostensible members will forever release the others. Of course, prior to final judgment, after suit begun, a discovery will entitle the plaintiff to amend and make them parties.

23 Penn vs. Fogler, 182 III., 76; Jones vs. Da vies, 60 Kan., 315; Guild vs. Belden, 119 Mass., 257; Valentine vs. Hickle, 39 Ohio St., 19.

24 Jones vs. Davies, 60 Kan., 315; Allen vs. Atkinson, 26 Tex., 628.