Haines v. . Hollister
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiffs, entered upon an order affirming an order of Special Term overruling a demurrer on the part of defendants Sarah E. Hollister and James Simmons to plaintiffs’ complaint.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiffs, entered upon an order affirming an order of Special Term overruling a demurrer on the part of defendants Sarah E. Hollister and James Simmons to plaintiffs’ complaint. The complaint in this action alleged, in substance, that prior to July, 1869, E. M. Hollister, defendant Sarah E. Hollister’s intestate, and defendants Jones, ÍTewman and M. M. Hollister, were partners; that their firm was indebted to plaintiffs upon two promissory notes; that said firm became insolvént, and…
1Opinion of the CourtMiller, J.
The joinder of the administratrix of Emmett - H. Hollister as a defendant, with the surviving partners of the firm of which he was a member while living, is no valid ground of demurrer to the complaint. It appears from the complaint that the surviving partners are insolvent, and nothing can be collected from them, and when this is averred, the plaintiff may proceed in equity against the surviving partners, and the representatives of a deceased partner jointly. (Lawrence v. Leake & Watt's Orphan Asylum, 2 Denio, 577; Parker v. Jackson, 16 Barb., 44, 45.) See also Van Riper v. Poppenhausen (43…
2Cases cited4 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Grant v. ShurterNew York Supreme Court · 1828
- Parker v. JacksonNew York Supreme Court · 1852
- Van Riper v. PoppenhausenNew York Court of Appeals · 1870
3Cited by12 opinions
- Mitchell v. . ThorneNew York Court of Appeals · 1892
- Rogers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
- Sommer v. EhrgottAppellate Division of the Supreme Court of the State of New York · 1920
- Hodge v. DrakeNew York Supreme Court · 1891
- Persons v. KrugerAppellate Division of the Supreme Court of the State of New York · 1899
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