New-York Dry Dock Co. v. Treadwell
New York Supreme Court
This was an action of assumpsit tried at the New-York circuit in February, 1836, before the Hon. Ogden Edwards, .one of the circuit judges. The plaintiffs declared as the endorsees of a promissory note made by the defendant. The declaration also contained the common counts. The defendant pleaded in abatement that the promises were made jointly with one Roberts R. Taylor, who is still living, &c. on which issue was joined.
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This was an action of assumpsit tried at the New-York circuit in February, 1836, before the Hon. Ogden Edwards, .one of the circuit judges. The plaintiffs declared as the endorsees of a promissory note made by the defendant. The declaration also contained the common counts. The defendant pleaded in abatement that the promises were made jointly with one Roberts R. Taylor, who is still living, &c. on which issue was joined. On the trial the plaintiffs gave in evidence the note, and the (jefen¿ant, among other things, offered to prove that Taylor was a secret partner with him in business at the…
1Opinion of the Court
By the Court,
Bronson, J.
In Dubois v. Ludert, 5 Taunt. 609, the common pleas decided that the non-joinder of a secret partner, might be pleaded in abatement, although the plaintiff had no knowledge of the partnership at the time the contract was made. But this decision is not warranted by some of the earlier cases, and seems not to have been followed in England. Doo v. Chippenden, Abbott on Ship. 76. Ex parte Layton, 6 Vesey, 438. Baldney v. Ritchie, 1 Stark. R. 338. Stansfeld v. Levy, 3 Stark. R. 8. Mullett v. Hook, 1 Moody & Mal. 88. In this ease Lord Tenterden said, he could not help…
2Cases cited1 opinion
- Haight v. HolleyNew York Supreme Court · 1829
3Cited by6 opinions
- North v. . BlossNew York Court of Appeals · 1864
- Farwell v. DavisNew York Supreme Court · 1867
- Hurlbut v. PostThe Superior Court of New York City · 1857
- Van Valen v. Russell & AllenNew York Supreme Court · 1852
- Shanley v. MerchantAppellate Division of the Supreme Court of the State of New York · 1910
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