Pardee v. Haynes & Merriam
New York Supreme Court
On the6th day of August, 1833, the plaintiff commenced a suit against the defendants who were partners in trade by the filing of a declaration, and on the 9th of the same month a copy of the declaration was served on Haynes one of the de- fendants, proof of service made, his appearance entered, and a cognovit obtained from him for upwards of $2000: the cog- the cogttovit being signed in the partnership name, viz. “Merriam & Haynes,’5 on which judgment was entered.
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On the6th day of August, 1833, the plaintiff commenced a suit against the defendants who were partners in trade by the filing of a declaration, and on the 9th of the same month a copy of the declaration was served on Haynes one of the de- fendants, proof of service made, his appearance entered, and a cognovit obtained from him for upwards of $2000: the cog- the cogttovit being signed in the partnership name, viz. “Merriam & Haynes,’5 on which judgment was entered. Merriam now applies to set aside the judgment, alleging that the debt confessed by Haynes was contracted in May or June last on a…
1Opinion of the Court
By the Court,
Savage, Ch. J.
By the statute of April 89, 1833, Laws of 1833, p. 395, § 3,. a declaration may be served on one of several joint debtors, and the defendant so served shall answer to the plaintiff, and the judgment shall be against all the defendants in the same manner as if all had been served with the declaration ; the judgment and execution to have the like effect as if process had been issued and served on one of the defendants. This statute was passed to remedy an inconvenience under the revised statutes which required the declaration to be served upon all the defendants.
The…
2Cases cited2 opinions
- Crane v. FrenchNew York Supreme Court · 1828
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
3Cited by12 opinions
- St. John & Witherell v. S. & L. W. HolmesNew York Supreme Court · 1839
- Waring v. RobinsonNew York Court of Chancery · 1840
- Oakley v. AspinwallThe Superior Court of New York City · 1848
- Emery v. Emery & RedfieldNew York Supreme Court · 1854
- Lahey v. KingonNew York Supreme Court · 1861
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