Amsterdam Electric Light, Heat & Power Co. v. Rayher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Amsterdam Electric Light, Heat'and Power Company, from a judgment of the Municipal Court of the •city of Hew York, rendered on the 30th day of January, 1899* upon the dismissal of the complaint by direction of the. court after a trial before the court without-a jury.
1Opinion of the Court
Hatch, J.:
The contract which furnishes the basis of this action, and which was made a part of the complaint, was executed by Frey & Rayher. *603The liability of these parties was, therefore, joint, and the action, properly brought, should have been against both. The plaintiff made Rayher only a party defendant. He answered admitting the allegations of the complaint averring liability against him alone. At the conclusion of the proof, which established a joint liability, the defendant- moved for a nonsuit based upon such ground. The court granted the same and dismissed the complaint. Error is…
2Cases cited6 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Bradish v. SchenckNew York Supreme Court · 1811
- Brotherson v. HodgesNew York Supreme Court · 1810
- Judd Linseed and Sperm Oil Co. v. . HubbellNew York Court of Appeals · 1879
- Rice v. HollenbeckNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Alaska Banking & Safe Deposit Co. v. Van WyckAppellate Division of the Supreme Court of the State of New York · 1911
- Coan v. PatridgeNew York Supreme Court · 1906
- International Text Book Co. v. FoxAppellate Division of the Supreme Court of the State of New York · 1912
- Lyon v. Sheldon, New York County Courts1909
- Sparks v. FogartyAppellate Division of the Supreme Court of the State of New York · 1904