Sheldon v. Wood
The Superior Court of New York City
Henby Sheldon, George E. Byxbie, William Heiiry Sheldon and Levi Ohesnutwood are the plaintiffs in this action, and Fernando Wood is the defendant. It comes before the Court, at General Term, on an appeal taken by the defendant, from the judgment therein, which was entered on the report of referees, to whom it was referred, to hear and determine the same. The plaintiffs herein sue as assignees of Edward E. Marvine.
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Henby Sheldon, George E. Byxbie, William Heiiry Sheldon and Levi Ohesnutwood are the plaintiffs in this action, and Fernando Wood is the defendant. It comes before the Court, at General Term, on an appeal taken by the defendant, from the judgment therein, which was entered on the report of referees, to whom it was referred, to hear and determine the same. The plaintiffs herein sue as assignees of Edward E. Marvine. They claim to recover a balance, alleged to be due, from the defendant, upon a true statement of certain accounts relating to a joint adventure to California, made by Marvine and…
1Opinion of the Court
By the Court. Woodruff, J.—1.
The first ground upon which the appellant herein insists that the judgment should be reversed is, that there is a defect of parties.
This objection is urged in two forms: first, that Edward E. Marvine is a necessary party to the action, if, in fact, the plaintiffs have any interest entitling them to prosecute; and second, that Marvine is the real and only party in interest, and therefore the plaintiffs are not entitled to prosecute or recover, whatever may be the merits of the controversy.
The provisions of the Code, in relation to the manner in which a defendant…
2Cases cited7 opinions
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Stoddard v. Long Island Rail RoadThe Superior Court of New York City · 1851
- Zellweger v. CaffeThe Superior Court of New York City · 1855
- Brooks v. ChristopherThe Superior Court of New York City · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Wright v. . CabotNew York Court of Appeals · 1882
- Edwards v. HeuerMichigan Supreme Court · 1881
- Union Square Bank v. ReichmannAppellate Division of the Supreme Court of the State of New York · 1896
- Mallory v. PerkinsThe Superior Court of New York City · 1862
5 more not listed; retrieve them via the Exa API.