Butler v. Morris
The Superior Court of New York City
This action comes before the Court at General Term, on an appeal by the defendant Morris, from the judgment, which is in favor of the plaintiff against Ackerman alone, and orders a discontinuance by the plaintiff as against Morris, without costs. The action is against the defendants, Sylvanus Morris and John Ackerman, as joint makers of two promissory notes. The defendants put in separate defences by separate answers.
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This action comes before the Court at General Term, on an appeal by the defendant Morris, from the judgment, which is in favor of the plaintiff against Ackerman alone, and orders a discontinuance by the plaintiff as against Morris, without costs. The action is against the defendants, Sylvanus Morris and John Ackerman, as joint makers of two promissory notes. The defendants put in separate defences by separate answers. The defence of Morris was infancy at the time of the making of the notes. The plaintiff went to trial against both defendants. The action was tried in March, 1857, before…
1Opinion of the CourtBv the Court. Woodruff, J.
Before the Revised Statutes, permitting a plaintiff to discontinue, without costs, where one of two defendants, sued upon a joint contract, interposed a plea of infancy, discharge as an insolvent, &c., appears to have been regarded as resting in “sound legal discretion.”
When a sole defendant obtained an insolvent’s discharge pending the action, the plaintiff was permitted to discontinue without costs. (Hart v. Story, 1 Johns. R. 142; The Pres't, &c., of the Merchants' Bank v. Moore, 2 J. R. 294.)
But in such case it was held, that if the plaintiff, knowing of the defendant’s discharge, will…
2Cases cited4 opinions
- Slocum v. Hooker & CatlinNew York Supreme Court · 1852
- Ex parte NelsonNew York Supreme Court · 1823
- Mason & Hale v. Denison & DenisonCourt for the Trial of Impeachments and Correction of Errors · 1835
- Merritt v. ArdenNew York Supreme Court · 1828
3Cited by2 opinions
- De Barante v. DeyermandNew York Court of Appeals · 1869
- Wenzel v. MurphyNew York Marine Court · 1876