Heckemann v. . Young
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 7, 1890, which overruled plaintiff’s exceptions and ordered judgment in favor of defendants upon decision of the court on trial at Circuit.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 7, 1890, which overruled plaintiff’s exceptions and ordered judgment in favor of defendants upon decision of the court on trial at Circuit. This was an action to recover from the defendants George W. Adamo and David B. Young, formerly composing the firm of Adams ■& Young, the sum of $5,892.28, with interest from May 1, 1886, due and owing for moneys previously advanced for freights on goods sold and delivered by plaintiff while residing in Germany. The summons and…
1Opinion of the CourtParker, J.
It is the rule of the common law recognized and enforced by the courts of this state, except as modified by section 1278 of the Code of Civil Procedure, that a judgment rendered against one of several joint debtors in an action against him alone is a bar to an action against the others. (Candee v. Smith, 93 N. Y. 349; Suydam v. Barber, 18 id. 468.)
Section 1278 of the Code of Civil Procedure provides that in case of a confession of judgment by one or more joint debtors, judgment may be entered and enforced against them, “ and it is not a bar to an action against all the joint debtors upon the…
2Cases cited3 opinions
- Suydam v. . BarberNew York Court of Appeals · 1858
- Candee v. . SmithNew York Court of Appeals · 1883
- Harbeck v. . PupinNew York Court of Appeals · 1890
3Cited by11 opinions
- United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- Firestone Tire & Rubber Co. v. Hart's EstateSupreme Court of Vermont · 1932
- Adams v. DaviesUtah Supreme Court · 1945
- Capital City Dairy Co. v. PlummerIndiana Court of Appeals · 1898
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