Garrison v. Garrison
New York Supreme Court
The defendants above named are copartners. The plaintiff Jane E. Garrison is the wife of the defendant Wilson Garrison, and the plaintiffs Eugene B. Garrison and Lovelette B. Garrison, are sons of the plaintiff Jane E. Garrison and the defendant Garrison. On the 6th day of June, 1884, the plaintiffs each commenced an action in the supreme court, entitled against the defendants, by the service of a summons and complaint upon the defendant Wilson Garrison only.
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The defendants above named are copartners. The plaintiff Jane E. Garrison is the wife of the defendant Wilson Garrison, and the plaintiffs Eugene B. Garrison and Lovelette B. Garrison, are sons of the plaintiff Jane E. Garrison and the defendant Garrison. On the 6th day of June, 1884, the plaintiffs each commenced an action in the supreme court, entitled against the defendants, by the service of a summons and complaint upon the defendant Wilson Garrison only. On the same day the defendant Garrison retained an attorney, who served upon the plaintiffs’ attorney, offers in writing duly verified…
1Opinion of the CourtLandon, J.
Section 738, Code of Civil Procedure, provides that the defendant may before trial serve upon the plaintiff’s attorney a written offer to allow judgment to be taken against him.
If there are two or more defendants and the action can be severed, a like offer may be made by one or more defendants against whom a separate judgment may be taken. What is “the like offer?” Clearly, that judgment may be taken against him who makes the offer, if separate judgment can be taken. There is no statutory authority allowing one joint debtor or partner to make an offer in behalf of his joint debtor or…
2Cases cited3 opinions
- Chouteau v. MolonySupreme Court of the United States · 1854
- Mabbett v. . WhiteNew York Court of Appeals · 1855
- Binney v. LeGalNew York Supreme Court · 1855
3Cited by5 opinions
- Rich v. RobertsCity of New York Municipal Court · 1890
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1886
- Bannerman v. QuackenbushCity of New York Municipal Court · 1885
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1885
- Rosenberg v. BoehmNew York Supreme Court · 1893