Crawford v. Collins
New York Supreme Court
THIS was an action tried at the circuit, before the court and jury, wherein a verdict was rendered for the plaintiffs subject to the opinion of the court at general term. The parties now move, the plaintiffs for judgment and the defendants for a dismissal of the complaint.
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THIS was an action tried at the circuit, before the court and jury, wherein a verdict was rendered for the plaintiffs subject to the opinion of the court at general term. The parties now move, the plaintiffs for judgment and the defendants for a dismissal of the complaint. The action was upon- a bond given by the defendants to the “ Union Towing Company,” on a proceeding under chap. 482 of the Laws of 1852, page 956, entitled “An act to provide for the collection of debts against ships and vessels.” The plaintiffs compose a firnk, or co-partnership, known as the “Union Towing Company,” and…
1Opinion of the Court
By the Court, James, J.
This action was properly brought in the individual names of the plaintiffs; they were the *271persons who composed the firm known as the “Union Towing Company/’ the real owners of the debt and the legal holders of the bond. The parties to a copartnership may give it just such name as they please, and all contracts, obligations, or notes, made with or given to such firm, may be prosecuted in the individual names of its members.
It is different with corporations; but the Union Towing Company was not a corporation. Chapter 482, of the Laws of 1862, has application to canal…
2Cited by17 opinions
- Gay v. . SeiboldNew York Court of Appeals · 1884
- Phœnix Iron Co. v. Vessels " Hopatcong " & " Musconetcong"New York Court of Appeals · 1891
- King v. . GreenwayNew York Court of Appeals · 1877
- Kelley v. BourneOregon Supreme Court · 1887
- Hornaday v. CowgillIndiana Court of Appeals · 1913
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