Pruyn v. . Black
New York Court of Appeals
Appeal from the Supreme Court. The action was brought against the appellants and Minor C. Story. The complaint alleged that the three original defendants, on the 1st of Decernber, 1848, were copartners, doing business under the firm, of Black, Wood & Co., and as such copartners were engaged in construction of a certain railroad: that they hired the plaintiff to work for them as a civil engineer upon said railroad, and agreed to pay him ninety-three dollars for each month’s…
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Appeal from the Supreme Court. The action was brought against the appellants and Minor C. Story. The complaint alleged that the three original defendants, on the 1st of Decernber, 1848, were copartners, doing business under the firm, of Black, Wood & Co., and as such copartners were engaged in construction of a certain railroad: that they hired the plaintiff to work for them as a civil engineer upon said railroad, and agreed to pay him ninety-three dollars for each month’s work, the same to be paid to him on the first day of each month, during the time he should so work: that the plaintiff…
1Opinion of the CourtWelles, J.
It was well settled, at common law,'that in an-action for the breach of a contract, against two or more defendants, a verdict or judgment could not be given against one or more of them, without the others. (1 Chitty Pl., 34, 35, 4 Am. from 3 Lond. ed., and authorities therein cited.) The same doctrine has been uniformly held and acted upon by the courts of this State, previous to the enactment of the Code of Procedure. But I think this rule has been changed by the legislature.
Subdivision 2, of section 136 of the Code, provides that where the action is against two or more defendants, and the…
2Cases cited1 opinion
- Still v. HallNew York Supreme Court · 1838
3Cited by10 opinions
- Decker v. TrillingWisconsin Supreme Court · 1869
- Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921
- Strauss v. TrotterNew York Court of Common Pleas · 1893
- Alaska Banking & Safe Deposit Co. v. Van WyckAppellate Division of the Supreme Court of the State of New York · 1911
- Smith v. WestonNew York Supreme Court · 1894
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