Hauck v. . Craighead
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of defendants, Samuel Craighead and others, executors of Samuel IT. Pike, entered upon an order dismissing the complaint as to them. (Reported below, 8 Hun, 237.) The action was originally brought against said Samuel IT.
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Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of defendants, Samuel Craighead and others, executors of Samuel IT. Pike, entered upon an order dismissing the complaint as to them. (Reported below, 8 Hun, 237.) The action was originally brought against said Samuel IT. Pike and defendant Lafayette Harrison, in form against the latter upon a contract between him and plaintiff, and against the •former as guarantor. Pike died after the commencement of the action, and his executors were substituted as defendants in his…
1Opinion of the Court
Ajílen, J„
The plaintiff has elected to charge the original defendant, Pike, as a joint contractor and debtor with Harrison, and unless they were joint obligors and thus joint debtors, the action would necessarily have failed had Pike continued to live. By his death the action abated as to him, and his personal representatives have been substituted as defendants jointly with the survivor, Harrison. Hnless the action could have been brought against the surviving debtor, together with the personal representatives of the deceased debtor, the executors of Pike were improperly substituted and…
2Cases cited2 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Getty v. . BinsseNew York Court of Appeals · 1872
3Cited by4 opinions
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- Merrill v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1896
- In re DunnNew York Surrogate's Court · 1886
- Randall v. SacketNew York Supreme Court · 1878