Strauss v. Trotter
New York Court of Common Pleas
Appeal from special term. Action by Lazarus Strauss and another against Charles E. Trotter and others. Prom a judgment sustaining a demurrer to his answer, defendant Trotter appeals. Action to recover of defendant, trustee of Manhattan Athletic Club, ,a domestic corporation, upon its promissory note for $2,866.10, payable four months after date. The note was indorsed by Hughes and Hoyt, themselves trustees.
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Appeal from special term. Action by Lazarus Strauss and another against Charles E. Trotter and others. Prom a judgment sustaining a demurrer to his answer, defendant Trotter appeals. Action to recover of defendant, trustee of Manhattan Athletic Club, ,a domestic corporation, upon its promissory note for $2,866.10, payable four months after date. The note was indorsed by Hughes and Hoyt, themselves trustees. The summons issued against 20 trustees, but was served on appellant only. The action proceeds upon section 8, c. 267, Laws 1875, as follows: “The trustees, directors, or managers of any…
1Opinion of the CourtPryor, J.
We are of opinion that neither of the five defenses interposed to the complaint is tenable.
1. Acknowledging himself a trustee, the appellant denies that all his codefendants were trustees; that is to say, he pleads a misjoinder of parties defendant. At common law the defect was fatal, upon the ground that “a contract by X. and Y. is a different contract from one by X. alone.” Dicey, Parties, p. 12, and marg. p. 507. To prevent a miscarriage of justice upon so technical an objection, the Code provides (section 456) that where the summons issues against two or more defendants alleged to be…
2Cases cited25 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Lyon & Gribble v. LoganTexas Supreme Court · 1887
- Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860
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3Cited by3 opinions
- Forker v. BrownNew York Court of Common Pleas · 1894
- Jacquelin v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Rose v. ChadwickAppellate Division of the Supreme Court of the State of New York · 1896