Catlin v. Latson
New York Supreme Court
Motion- by one of several defendants to vacate a judgment as against him for irregularity; or to allow him to come in and defend on the merits.
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Motion- by one of several defendants to vacate a judgment as against him for irregularity; or to allow him to come in and defend on the merits. This action was commenced in the fall of 1853, by Albert L. Catlin against John W. Latson, William Fowler, and Calvin O. Billings, to recover the amount of two promissory notes made by Latson, each dated January 14,1852, for $407.65, and payable to the order of “ Fowler & Billings,” the one at ten, the other at twenty months after date. The defendants Fowler and Billings were then partners; the notes were endorsed by Billings, with their firm name of…
1Opinion of the CourtBirdseye, J.
—The defendants Fowler and Billings were jointly indebted upon their endorsement of these notes, if they were indebted at all on them. When sued, as joint debtors, one of them, by failing to appear or answer, admitted that, as to him, the plaintiff was entitled to the judgment asked for. The other put in a defence, which denied that the plaintiff was entitled to a j udgment on the j oint liability. Of course, this defen ce prevented the plaintiff from taking any judgment against either of the debtors, till it should be disposed of by a trial. As both the joint debtors had been sued, judgment…
2Cited by1 opinion
- Nathan v. ZierlerAppellate Division of the Supreme Court of the State of New York · 1928