Jaques v. Greenwood
New York Court of Common Pleas
This was a creditors’ action, brought against B. Greenwood, R. B. Greenwood, and R. W. Brewster, to set aside an assignment made to R. B. Greenwood by the other defendants, on December 26,1854. The plaintiffs recovered judgment against the defendants B. Greenwood and Brewster, on December 13, 1854, by default, for the sum of $1,026.80, founded on a note signed “ B. Greenwood & Co.,” which was the partnership name of those defendants.
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This was a creditors’ action, brought against B. Greenwood, R. B. Greenwood, and R. W. Brewster, to set aside an assignment made to R. B. Greenwood by the other defendants, on December 26,1854. The plaintiffs recovered judgment against the defendants B. Greenwood and Brewster, on December 13, 1854, by default, for the sum of $1,026.80, founded on a note signed “ B. Greenwood & Co.,” which was the partnership name of those defendants. The defendants in that action obtained an order staying proceedings on the judgment until a motion could be made to set it aside. This motion' was postponed by…
1Opinion of the Court
By the Court.—Daly, F. J.
—The defendants did not set up, by their answer, that the judgment was upon a note given by Benjamin Greenwood for his individual debt, and were not entitled, therefore, to go into evidence to prove that fact; but even if they had pleaded it, by way of defence, it would have availed them nothing. The judgment was recovered against both partners, process having been served upon each, and such being the fact, the judgment itself imports the existence of a debt, for the payment of which both are jointly and severally bound, (Smith’s Action at Law, 45; 3 Bl. Com., 158.)…
2Cases cited2 opinions
- Brewster v. HammetSupreme Court of Connecticut · 1823
- Reed v. ShepardsonSupreme Court of Vermont · 1829
3Cited by4 opinions
- Hauselt v. VilmarThe Superior Court of New York City · 1877
- Wood v. MitchellNew York Supreme Court · 1890
- H. B. Claflin Co. v. ArnheimNew York Supreme Court · 1895
- Third National Bank of Buffalo v. Buffalo Wheel Co.Appellate Division of the Supreme Court of the State of New York · 1901