Peabody v. Bloomer
The Superior Court of New York City
Appeal from a judgment at special term, upon an order allowing a demurrer to an answer. This action was brought by Alfred Peabody, Edward P. Flint, and George Kellogg, against Ashel Beach, Elisha Bloomer, Frederick Hudley, and Ralph Hill.
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Appeal from a judgment at special term, upon an order allowing a demurrer to an answer. This action was brought by Alfred Peabody, Edward P. Flint, and George Kellogg, against Ashel Beach, Elisha Bloomer, Frederick Hudley, and Ralph Hill. The complaint set forth as the first cause of action, a judgment recovered on September 23, 1853, in San Francisco, in favor of the present plaintiffs and one James P. Flint, against the present defendant Ashel Beach individually and against the other defendants jointly, as partners; a balance of which was alleged to be yet due. It was averred in this cause…
1Opinion of the Court
Hoffman, J. after stating the facts.
The case has been argued mainly upon this question;—Whether a defendant sued with others upon a joint responsibility can set up a demand against the plaintiffs arising out of their separate liability to him ? It is to be assumed that this liability arose upon a different transaction; but it may also be assumed that contract was its foundation. The agency and its acceptance made it ■such.
The engagement of partners was considered at law as a joint engagement, not a joint and several one, although otherwise in equity, at least after dissolution by death. (18…
2Cases cited5 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Robertson v. SmithNew York Supreme Court · 1821
- Dale v. CookeNew York Court of Chancery · 1819
- Harrington v. HighamNew York Supreme Court · 1853
- Van Tine v. CraneNew York Supreme Court · 1828
3Cited by3 opinions
- Coleman v. ElmoreDistrict Court, D. Oregon · 1887
- Baldwin v. BriggsNew York Supreme Court · 1874
- Baldwin v. BriggsNew York Supreme Court · 1874