Merritt v. Sawyer
New York Supreme Court
APPEAL by the defendants from a judgment in favor of plaintiff, entered upon the report of a referee. The action was brought by Theron Merritt, as receiver of Roswell H. Sawyer, against William Scott and James A. Hoyt, as survivors of the firm of James A. Hoyt & Co., upon a judgment. Hoyt was joined as defendant subsequent to the commencement of the action. Such other facts as are material appear in the opinion.,
1Opinion of the CourtDavis, P. J.
This action is brought upon a judgment, recovered by George W. Betts, against the respondents, as surviving partners of the firm of James A. Hoyt & Co. The judgment was recovered in the Supreme Court and duly entered on the 31st day of May, 1851.
In March, 1870, the plaintiff commenced an action on said judgment against the defendant William Scott, alone, describing the judgment in the complaint, as having been recovered against both of the respondents, as survivors of the firm of Jajnes A. Hoyt & Co. The defendant Scott appeared and answered, and amongst other things alleged the recovery of…
2Cases cited6 opinions
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Shoemaker v. . BenedictNew York Court of Appeals · 1854
- Johnson v. BeardsleeNew York Supreme Court · 1818
- R. Patterson v. W. ChoateNew York Supreme Court · 1831
- Brown v. DelafieldCourt for the Trial of Impeachments and Correction of Errors · 1845
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