Hill v. Alvord
New York Supreme Court
Appeal from an order of the Onondaga County Court, severing the action and directing its prosecution against the defendants separately, to enable them to' be witnesses for each other therein. The action was brought upon a promissory note, made by defendants, for $600, viz. :. “ Six months after date I promise to pay to Lewis O. Hill, six hundred dollars, at the dwelling-house of Lewis O. Hill, with interest, for value received. “ (Signed) J. DWIGHT ALVORD. “JEROME HOTCHKIN.”
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Appeal from an order of the Onondaga County Court, severing the action and directing its prosecution against the defendants separately, to enable them to' be witnesses for each other therein. The action was brought upon a promissory note, made by defendants, for $600, viz. :. “ Six months after date I promise to pay to Lewis O. Hill, six hundred dollars, at the dwelling-house of Lewis O. Hill, with interest, for value received. “ (Signed) J. DWIGHT ALVORD. “JEROME HOTCHKIN.” The defence was usury and an alteration of the note after execution. Subsequent to the commencement of the action Lewis…
1Opinion of the Court
Hardin, J. :
Manifestly, the note in suit is joint and several, and a joint .action may be maintained upon it, or two separate actions might have been brought upon it. (Code of Civil Procedure, § 967; Hemmenway v. Stone, 7 Mass., 58; Story on Promissory Notes, 957; Chitty on Bills [Am. ed. of 1839], 561.) As section 967 of the Code of Civil Procedure confers upon the court a discretion in respect to ordering a separate trial, the question presented upon review of the order is, whether the discretion was properly exercised. Obviously, it was made for the purpose of improving each maker as a…
2Cases cited5 opinions
- Konitzky v. . MeyerNew York Court of Appeals · 1872
- Hemmenway v. StoneMassachusetts Supreme Judicial Court · 1810
- Hanover Fire Ins. Co. v. . TomlinsonNew York Court of Appeals · 1874
- Genet v. LawyerNew York Supreme Court · 1871
- Deck v. JohnsonNew York Supreme Court · 1859