Conro v. Port Henry Iron Co.
New York Supreme Court
In Eq,uity. The bill in this cause, was filed in the clerk’s office in Essex county, on the 26th of June, 1848, before the code of procedure went into operation. The defendants, the Port Henry Iron Company, and Hooper, Coffin and Bullard, and Joseph Tuckerman, appeared and put in their answers, without oath, the same having been waived, to which replications were regularly filed. Ralph W. Crooker appeared but did not answer.
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In Eq,uity. The bill in this cause, was filed in the clerk’s office in Essex county, on the 26th of June, 1848, before the code of procedure went into operation. The defendants, the Port Henry Iron Company, and Hooper, Coffin and Bullard, and Joseph Tuckerman, appeared and put in their answers, without oath, the same having been waived, to which replications were regularly filed. Ralph W. Crooker appeared but did not answer. The other defendants did not appear, and the bill was taken as confessed against them. The defendants against whom it was so taken as confessed were Horace Gray, Ralph W.…
1Opinion of the Court
By the Court,
Willard, P. J.
From the facts disclosed in this case, it is obvious that the plaintiffs have meritorious claims for advances of cash, labor and materials, which ought to be reimbursed by somebody. The objection to their recovery does not rest so much upon the doubtful nature of the demands sought to be enforced, as to the species of relief which has been invoked, and the number of parties who have been united as plaintiffs and defendants. The objections strike rather at the form of the procedure, than at the merits of the claims.
I. Leaving these objections of form to be noticed…
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