Ward v. Lee
New York Supreme Court
Error from the New York common pleas. Lee sued Ward for work, labor and services, and for monies had and received to the plaintiffs use. The plaintiff proved, that as the attorney of one Little, he prosecuted an action of trespass, in the superior court of the city of New York, against one Coit and others, which was compromised on the fifth day of January, 1832, by the defendants agreeing to pay $100 in full of the damages and costs of such suit.
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Error from the New York common pleas. Lee sued Ward for work, labor and services, and for monies had and received to the plaintiffs use. The plaintiff proved, that as the attorney of one Little, he prosecuted an action of trespass, in the superior court of the city of New York, against one Coit and others, which was compromised on the fifth day of January, 1832, by the defendants agreeing to pay $100 in full of the damages and costs of such suit. The agreement first made by Coit was, that he should pay $80 and the costs, in full of the trespass suit; but on the interposition of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff in error makes a point that Thomas R. Lee ought to have been joined in the suit below as a co-plaintiff, and insists that the judge, before whom the case was tried, decided that both parties could not be joined. What was said by the judge in reference to the parties to the action was merely arguendo. The point was not presented to himfordecision, and if his reasoning was incorrect, all the plaintiff in error can present upon this writ of error is the point decided by the judge, to wit, that T. R. Lee was a competent witness: in respect to which there…
2Cases cited1 opinion
- Ten Eyck v. BillNew York Supreme Court · 1830
3Cited by3 opinions
- Wyche v. GreeneSupreme Court of Georgia · 1854
- Parsons v. BrownNew York Supreme Court · 1853
- Hudson v. PettijohnSuperior Court of Delaware · 1846