Emery v. Emery & Redfield
New York Supreme Court
Motion to set aside judgment, &c. The defendants, prior to December 10, 1853, had been copartners in business, under the firm of Emery & Co. On the day last mentioned the copartnership was dissolved, and it was agreed between the parties that the business should be settled by Henry D. Emery, one of the defendants, and Stephen Van Rensselaer, to whom, at the same time, the defendant Redfield assigned his interest in the property of the firm.
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Motion to set aside judgment, &c. The defendants, prior to December 10, 1853, had been copartners in business, under the firm of Emery & Co. On the day last mentioned the copartnership was dissolved, and it was agreed between the parties that the business should be settled by Henry D. Emery, one of the defendants, and Stephen Van Rensselaer, to whom, at the same time, the defendant Redfield assigned his interest in the property of the firm. On the 30th day of December, 1853, this action was commenced by the service of a summons and complaint upon the defendant, Henry D. Emery. The action was…
1Opinion of the Court
Harris, Justice.
The action in this case was upon contract, and the defendants were jointly indebted. In such a case, the plaintiff may, if he choose, serve his process upon one defendantj and omit to serve it on another. He may do this for the ■very purpose of avoiding the delay to which he might be subjected by a hostile defendant. (See Olwell agt. M’Laughlin, 10 Leg. Obs. 316.) Having done this, he may proceed to judgment against the defendant served, unless the court interpose, “ and if he Recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as…
2Cases cited4 opinions
- Ex Parte City BankSupreme Court of the United States · 1844
- Pardee v. Haynes & MerriamNew York Supreme Court · 1834
- Commercial Bank of Lake Erie v. MeachNew York Court of Chancery · 1839
- Van Cleef v. SicklesNew York Court of Chancery · 1835
3Cited by4 opinions
- In re Proceedings Supplementary to Execution under a Judgment in an ActionAppellate Division of the Supreme Court of the State of New York · 1918
- Ross v. BridgeNew York Supreme Court · 1862
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1886
- Rosenberg v. BoehmNew York Supreme Court · 1893