Suydam v. . Barber
New York Court of Appeals
Appeal from the Superior Court of New York city. The action was for money paid by the plaintiffs upon two bills of exchange drawn on them by the defendants, who were partners under the firm of Barber, Girty & Doran, the plaintiffs having no funds of the defendants in their hands to pay the same.
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Appeal from the Superior Court of New York city. The action was for money paid by the plaintiffs upon two bills of exchange drawn on them by the defendants, who were partners under the firm of Barber, Girty & Doran, the plaintiffs having no funds of the defendants in their hands to pay the same. Girty only defended, and on the ground that the plaintiffs brought an action, against Barber alone, in the Common Pleas of St. Louis county, Missouri: recovered judgment therein (among other things) for the debt occasioned by the payment of the bills of exchange drawn by the defendants: and that…
1Opinion of the Court
Johnson, Ch. J.
The plaintiffs were nonsuited at the trial upon the ground that the judgment, recovered in the State of Missouri, against Barber, in an action there commenced against him alone, merged and 'extinguished the original demand of the plaintiffs against him and the other parties who are in this action joined as defendants with him.
This was the main and controlling ground of the judgment appealed from; for unless it can be upheld on this ground it is difficult to see how the mere formal satisfaction of the judgment against Barber, which appears, by the ootemporaneous bond referred to…
2Cases cited3 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Robertson v. SmithNew York Supreme Court · 1821
3Cited by30 opinions
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- Rourke v. Amchem Products, Inc.Court of Appeals of Maryland · 2004
- Knapp v. . BrownNew York Court of Appeals · 1871
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Roche v. McDonaldWashington Supreme Court · 1925
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