Passut v. Heubner
New York Supreme Court
Appeal from an interlocutory judgment of the City Court of the city of New York sustaining a demurrer on the ground of defect of parties plaintiff.
1Opinion of the CourtPage, J.
Though there are a few authorities to the. contrary (Samuels v. Evans, 1 McLean, 473; Spaulding v. Evans, 2 id. 139; Ellis v. McLemoor, 1 Bailey [S. C.], 13) the weight of authority in this country overwhelmingly supports the contention of the respondent that a promissory note payable to two persons in the alternative creates a joint interest in the payees and either cannot in the lifetime of the other sue thereon with*250out joining the other joint obligee. Willoughby v. Willoughby, 5 N. H. 244; Osgood v. Pearsons, 70 Mass. 455; Carr v. Bauer, 61 Ill. App. 504; Westgate v. Healy, 4 R. I. 523;…
2Cases cited4 opinions
- Collyer v. CookIndiana Court of Appeals · 1902
- Carr v. BauerAppellate Court of Illinois · 1895
- Osgood v. PearsonsMassachusetts Supreme Judicial Court · 1855
- Samuels v. EvansU.S. Circuit Court for the District of Illinois · 1839
3Cited by1 opinion
- Sweeney v. Van SchaickAppellate Terms of the Supreme Court of New York · 1913