Abbe v. Clark
New York Supreme Court
THIS was an appeal from a judgment of the Oneida county court, reversing the judgment of a justice of the peace. Abbe, the plaintiff, and one J. E, Dunning, who were partners in, or joint owners of, a horse, exchanged horses with the defendant, in October, 1858; in which exchange it was alleged that Abbe & Dunning were defrauded by the defendant.
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THIS was an appeal from a judgment of the Oneida county court, reversing the judgment of a justice of the peace. Abbe, the plaintiff, and one J. E, Dunning, who were partners in, or joint owners of, a horse, exchanged horses with the defendant, in October, 1858; in which exchange it was alleged that Abbe & Dunning were defrauded by the defendant. On the 13th of February, 1855, Dunning sold and assigned his right and interest in the claim or right of action against the defendant for the fraud. The plaintiff, Abbe, thereupon brought an action before a justice of the peace, for the fraud, in his…
1Opinion of the Court
By the Court, Pratt, J.
Within the case of Zabriskie v. Smith, (3 Kern. 322,) the county court erred in reversing the judgment of the justice. That case is on all fours with this, and unless a different rule of pleading is to apply to justices’ courts from that applicable to courts of record, it disposes of the question.
It is insisted that section 144 (of the code) does not apply to pleadings in justices’ courts, but that does not necessarily aid the respondent. Ho part of the code gives the defendant the right to object to the nonjoinder of a party, without pleading or giving notice of it. By…
2Cases cited1 opinion
- Wheelwright v. DepeysterNew York Supreme Court · 1806
3Cited by6 opinions
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- Wilbur v. CollinAppellate Division of the Supreme Court of the State of New York · 1896
- Amsterdam Electric Light, Heat & Power Co. v. RayherAppellate Division of the Supreme Court of the State of New York · 1899
- Draper v. Town of SpringportDistrict Court, N.D. New York · 1883
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