Sage v. . Sherman
New York Court of Appeals
Nelson Sage brought assumpsit in the supreme court against Watts Sherman, John L. Graham, Erastus Corning, James Vanderpool, Edwin Croswell and James Porter. The declaration contained a count, among others, for real estate, situated in the state of Michigan, sold to the defendants, and at their request conveyed by the plaintiff to the defendant, Watts Sherman.
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Nelson Sage brought assumpsit in the supreme court against Watts Sherman, John L. Graham, Erastus Corning, James Vanderpool, Edwin Croswell and James Porter. The declaration contained a count, among others, for real estate, situated in the state of Michigan, sold to the defendants, and at their request conveyed by the plaintiff to the defendant, Watts Sherman. The cause was tried before Dayton, circuit judge, at the Genesee county circuit, in September, 1846; and on the trial the plaintiff read in evidence sealed articles of agreement bearing date April 4, 1836, between the defendants and one…
1Opinion of the CourtStrong, J.
There is no doubt but that the liability of the defendants, if any, is joint, and that.each is responsible, so far as he is responsible at all, in solido. The purchases authorized by their contract with each other were to be joint, and there was to be no severance of their interests in the lands acquired, if subsequently sold for their benefit, or if not sold, until a final settlement should be made. The defendants contend hc-wever, that so far as they were concerned, Greves acted simply as their agent, and that they were not bound by any purchase which he made, unless it corresponded with…
2Cases cited2 opinions
- Coles v. ColesNew York Supreme Court · 1818
- Porter v. M'Clure & TourtellotNew York Supreme Court · 1836
3Cited by15 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Greenwood v. . MarvinNew York Court of Appeals · 1888
- Squier v. NorrisNew York Supreme Court · 1869
- Berwick v. DusenburyNew York Court of Common Pleas · 1867
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