Carrington v. Crocker
New York Court of Appeals
Appeal from the general term of the Supreme Court, where a judgment rendered in favor of the plaintiff, in a case tried before the court, without a jury, had been affirmed. This was an action by Frederick T. Carrington and Myron Pardee against Lucius B. Crocker, upon an award of arbitrators.
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Appeal from the general term of the Supreme Court, where a judgment rendered in favor of the plaintiff, in a case tried before the court, without a jury, had been affirmed. This was an action by Frederick T. Carrington and Myron Pardee against Lucius B. Crocker, upon an award of arbitrators. Carrington and Pardee were partners in trade, and the defendant became indebted to them in the course of their business, as they claimed; and differences having arisen, either as to the existence of the indebtedness, or its amount, the respective parties submitted themselves to an arbitration, the result…
1Opinion of the CourtFullerton, J.
(after stating the case.)—Although, as a general rule, a demand due to several persons jointly, cannot be subdivided, so as to allow the individual interests to be recovered, in separate actions, yet it may be done, with the debtor’s consent. The reason is, that the contract of the debtor is to pay the debt as an entirety to his joint creditors, and is, therefore, indivisible. The debtor, however, may, by a new contract, bind himself to account to the individual creditors for *384their respective interests in the demand, and such contracts are susceptible of being enforced. The object of this…
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