M'Cartee v. Chambers
New York Supreme Court
Certiorari. Chambers sued M’Cartee and three others in a justice’s court in the city of New-York, for work and labour. The defendants pleaded in abatement that 17 other persons ought to have been joined with them as defendants. The plaintiff took issue upon the plea in abatement, and the cause was tried by a jury, who found a verdict for the plain * tiff, and assessed his damages at ten dollars, for which judgment was rendered.
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Certiorari. Chambers sued M’Cartee and three others in a justice’s court in the city of New-York, for work and labour. The defendants pleaded in abatement that 17 other persons ought to have been joined with them as defendants. The plaintiff took issue upon the plea in abatement, and the cause was tried by a jury, who found a verdict for the plain * tiff, and assessed his damages at ten dollars, for which judgment was rendered. The defendants sued out a certiorari, , . . and from the justice’s return it appeared that at a meeting of masters and journeymen boat builders, held ¡in New-York, for…
1Opinion of the Court
By the Court,
Sutherland, J.
The committee were undoubtedly responsible for the contracts made by their agent. There is nothing to warrant the conclusion that the workmen employed by the agent looked to the association ; that is, all the master and journeymen boat builders for their pay. The committee employed the workmen, and they, if any body, must be legally responsible. The association, as it is called, was nothing more than a public meeting of a certain class of mechanics, for a special purpose ; who designated a committee to carry into effect what had been resolved upon. The committee,…
2Cited by6 opinions
- Fredendall v. TaylorWisconsin Supreme Court · 1868
- Mayfield v. BarnardMississippi Supreme Court · 1870
- Harrell v. HillTexas Supreme Court · 1855
- Myers & Waterson v. Hunter Erwin & Co.Ohio Supreme Court · 1851
- Straus v. WeilTennessee Supreme Court · 1867
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