Northrup v. Jackson
New York Supreme Court
Error from the Erie common pleas. Northrup and Huntley sued Jackson in a justice’s court, and declared for a balance due from the defendant, and for work done by the plaintiffs—claiming, in the whole, the sum of $17,76. A person claimed to appear as the attorney of the defendant, but failing to satify the justice that he had been authorized by the defendant to appear, the justice would not permit him to answer in the cause.
Read the full summary
Error from the Erie common pleas. Northrup and Huntley sued Jackson in a justice’s court, and declared for a balance due from the defendant, and for work done by the plaintiffs—claiming, in the whole, the sum of $17,76. A person claimed to appear as the attorney of the defendant, but failing to satify the justice that he had been authorized by the defendant to appear, the justice would not permit him to answer in the cause. The plaintiffs thereupon proved that they had entered into a contract with one Craig to deliver to him a quanity of lumber, on being paid for it; but that Craig failing to…
1Opinion of the Court
By the court,
Savage, Ch. J.
There was no appearance by the defendant, and the plaintiffs were bound to make out a legal liability against him by legal testimony. It is object*86ed that the declaration was general, when it should have stated tire sp ecial contract; and also that parol evidence was given of the letter of the defendant, upon which his liability rested. Had the defendant appeared upon the trial, and omitted to raise these objections, it would have been too late afterwards ; his omission would have been deemed an assent: but as the defendant waived nothing on the trial, he has a right…
2Cited by11 opinions
- Clark v. Van VranckenNew York Supreme Court · 1855
- Stafford v. Williams & KelloggNew York Supreme Court · 1847
- Tiffany v. GilbertNew York Supreme Court · 1848
- Brand v. WhelanAppellate Court of Illinois · 1886
- Wagman v. HoagNew York Supreme Court · 1852
6 more not listed; retrieve them via the Exa API.