McIntosh v. . Ensign
New York Court of Appeals
Appeal from a judgment of the Superior Court of Buffalo. The action was brought to recover a threshing machine and two wagon gearings, which the defendants, in September, 1856, received to carry on their vessel from Buffalo to Milwaukie, and which they failed to deliver. The defendants, Ensign and Holt, appeared and answered. The other defendants, Merchant, Marsden and Moses, were non-residents, not served with process, and did not appear or answer.
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Appeal from a judgment of the Superior Court of Buffalo. The action was brought to recover a threshing machine and two wagon gearings, which the defendants, in September, 1856, received to carry on their vessel from Buffalo to Milwaukie, and which they failed to deliver. The defendants, Ensign and Holt, appeared and answered. The other defendants, Merchant, Marsden and Moses, were non-residents, not served with process, and did not appear or answer. On the trial, evidence was given by the plaintiff tending to prove that in 1856 there was a line of propellers, known as the People’s Line, for…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only allegation of error made by the appellants' counsel is in the court refusing to nonsuit or direct a verdict or judgment in favor of the defendants, whose liability was established by the evidence, on the ground of a misjoinder of defendants in the action. The plaintiff complained against five defendants, alleging a joint liability. The facts proved tended to establish a cause of action against the defendants Ensign and Holt, who answered, but against…
2Cases cited1 opinion
- Harrington v. HighamNew York Supreme Court · 1853
3Cited by26 opinions
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- Nichols v. DunphyCalifornia Supreme Court · 1881
- Stedeker v. . BernardNew York Court of Appeals · 1886
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