Furniss v. Brown
New York Supreme Court
The complaint in the first suit sets forth a conlract, whereby the defendant sold, or agreed to sell to plaintiff, one-half of a screw steam boat then building in defendant’s yard, to be complete and ready for sea, on or before the 1st January 1850. The language of the contract is, “ agrees to sell, and by these presents does sell.”
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The complaint in the first suit sets forth a conlract, whereby the defendant sold, or agreed to sell to plaintiff, one-half of a screw steam boat then building in defendant’s yard, to be complete and ready for sea, on or before the 1st January 1850. The language of the contract is, “ agrees to sell, and by these presents does sell.” The price fixed is $30,000. The contract further provides that Furniss shall act as agent for her,receiving a commission on all receipts and disbursements; that he shall have entire control of her, appointing agents in every port where she may trade; he accounting…
1Opinion of the Court
Edmonds, Justice.
In these two suits there are different questions raised and discussed’on the argument.
1. On the demurrer to the complaint -in the first suit, on the ground of a misjoinder of actions.
2. A motion for leave on the part of Furniss to file a supplemental complaint to set forth the acts which occurred after his suit was brought.
3. A motion for attachment against Brown for violating the injunction.
4. A motion to set aside that injunction and other proceedings in the first suit, which aim at the immediate possession of the party.
5. A motion to compel Furniss to elect in what manner,…
2Cited by2 opinions
- Bennett v. ScuttNew York Supreme Court · 1854
- Vliet v. SherwoodWisconsin Supreme Court · 1875