Haviland v. Johnson
New York Court of Common Pleas
Appeal by defendant from a judgment of the Sixth District Court. The facts are fully stated in the prevailing opinion.
1Opinion of the CourtRobinson, J.
This action was probably intended to be instituted against the members of the firm of Johnson, Clark & Co., carrying on the business of selling sewing machines in this city. The Christian names of neither of' the defendants, Johnson or Clark, is disclosed in any of the pleadings, while John Doe is evidently a myth, and it is not asserted his name is used instead of that of any unknown person. (Code, sec. 175.) An amendment might have been made during-the progress of the action, hut none appears to have been even suggested, and some embarrassment would, arise in enforcing the judgment against…
2Cases cited1 opinion
- Ellis v. McCormickNew York Court of Common Pleas · 1857