Peabody v. Beach
The Superior Court of New York City
Appeal from a judgment by Mr. Justice Hoffman at Special Term, sustaining a demurrer to a counter-claim. The action was brought by the plaintiffs against all the defendants on a joint contract made by them to the firm of Flint, Peabody & Co., composed of the plaintiffs and one James P. Flint, who, prior to the commencement of the action, had released all his interest to plaintiffs.
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Appeal from a judgment by Mr. Justice Hoffman at Special Term, sustaining a demurrer to a counter-claim. The action was brought by the plaintiffs against all the defendants on a joint contract made by them to the firm of Flint, Peabody & Co., composed of the plaintiffs and one James P. Flint, who, prior to the commencement of the action, had released all his interest to plaintiffs. The defendant, Elisha Bloomer, answered severally, that he had appointed the plaintiffs and the said Flint to attend to his, Bloomer’s, interest in the management of the sale of a certain machine belonging to him,…
1Opinion of the CourtBy the Court. Woodruff, J.
This action is brought to recover moneys alleged to be due to the plaintiffs in their own right, and as asignees of their copartner Flint, from the defendants, as joint debtors, for money lent and advanced to the defendants, and paid, laid out, and expended for their use as copartners.
The defendant Bloomer, answering separately, among other defences sets up a set-off, or counter-claim, in his own favor individually, for damages sustained by himself, by reason of the plaintiff and the said Flint’s fraud and negligence, in this, that he appointed the plaintiffs and the said Flint his agents,…
2Cited by3 opinions
- Beers v. WaterburyThe Superior Court of New York City · 1861
- Baldwin v. BriggsNew York Supreme Court · 1874
- Baldwin v. BriggsNew York Supreme Court · 1874