Tibbits v. Percy
New York Supreme Court
APPEAL from a judgment of the Wayne county court, affirming a judgment of a justice of the peace. The plaintiff brought his action, before the justice, to recover from the defendants $100, being two quarters’ rent due on a lease executed by the plaintiff and the defendant Percy, dated May 26,1854, by which the plaintiff leased to the said Percy certain premises therein described, for the term of five years from the 30th day of June then next, and by which also Percy…
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APPEAL from a judgment of the Wayne county court, affirming a judgment of a justice of the peace. The plaintiff brought his action, before the justice, to recover from the defendants $100, being two quarters’ rent due on a lease executed by the plaintiff and the defendant Percy, dated May 26,1854, by which the plaintiff leased to the said Percy certain premises therein described, for the term of five years from the 30th day of June then next, and by which also Percy covenanted to pay the plaintiff $200 a year rent for said premises during the said five years, to be paid quarterly on the 15th…
1Opinion of the Court
By the Court, Welles, J.
The objection of misjoinder of defendants, if it had been interposed in proper time and man*42ner, would have been fatal to the plaintiff’s recovery against both defendants in one action. The contract of each defendant was, substantially, to secure the same object, to wit, the payment of the rent; but their undertaking was several and not joint. The obligation of Percy, the principal, was primary and absolute ; that of L’Amoraux was secondary and conditional. Their obligations to the plaintiff were the same, and their liability to an action would arise at the same moment,…
2Cases cited4 opinions
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Watts v. CoffinNew York Supreme Court · 1814
- Hall v. Farmer & DoolittleNew York Supreme Court · 1848
- Osborn v. EtheridgeNew York Supreme Court · 1835
3Cited by13 opinions
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Roehr v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1896
- Adams v. StevensNew York Court of Common Pleas · 1894
- Baeza v. GrundowiczDistrict Court, S.D. California · 2024
- Cheuvront v. BeeWest Virginia Supreme Court · 1897
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