Putnam v. Wise
New York Supreme Court
Assumpsit for wheat sold and delivered. .After issue joined, the cause was referred to a single referee. The plaintiffs were Edward Putnam, Harrison L. Putnam, Elias Melendy, David Collins, David L. Farnam, and Selam S. Putnam; and the main question in the case was, whether they could maintain this action jointly. The wheat was raised on a farm called the Collins farm, in Yates county. In November, 1835, two of the plaintiffs, viz.
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Assumpsit for wheat sold and delivered. .After issue joined, the cause was referred to a single referee. The plaintiffs were Edward Putnam, Harrison L. Putnam, Elias Melendy, David Collins, David L. Farnam, and Selam S. Putnam; and the main question in the case was, whether they could maintain this action jointly. The wheat was raised on a farm called the Collins farm, in Yates county. In November, 1835, two of the plaintiffs, viz. Collins and Farnam, entered into an agreement under seal with Melendy, and Edward Putnam, also plaintiffs, as follows: “The parties of the first part, (Collins and…
1Opinion of the Court
By the Court, Cowen, J.
Whether the defendant purchased the wheat for himself or as agent of Bogert, was a *238question óf fact for the referee; and the report should not be set aside as being against the weight of evidence ip this respect.
The other question is, whether the plaintiffs were joint owners of the wheat. There is no doubt that Edward Putnam might sell to the other two Putnams any share of the interest' he held, which he might think proper; and there was sufficient evidence that he did sell to them such an interest as made them tenants in common with himself in the wheat in question.…
2Cases cited11 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Caswell v. DistrichNew York Supreme Court · 1836
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Rich v. PenfieldNew York Supreme Court · 1828
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