Lehnen v. Purvis
New York Supreme Court
Appeal from special term, Onondaga county. An action by Philip H. Lehnen against Alfred J. Purvis and another. Defendant demurred to the complaint on the following grounds: “First, that there is a defect of parties defendant in this action, in that the said Purvis is not a necessary or proper party to be joined as a defendant with said Kilian in an action upon the contract or agreement set forth in the said amended complaint; second, that causes of action have been…
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Appeal from special term, Onondaga county. An action by Philip H. Lehnen against Alfred J. Purvis and another. Defendant demurred to the complaint on the following grounds: “First, that there is a defect of parties defendant in this action, in that the said Purvis is not a necessary or proper party to be joined as a defendant with said Kilian in an action upon the contract or agreement set forth in the said amended complaint; second, that causes of action have been improperly united, viz., •one cause of action in said amended complaint being an alleged cause of action against said defendant…
1Opinion of the CourtHardin, P. J.
The complaint contains facts sufficient to constitute a cause of action for a breach of the bond set out in the complaint against the defendants Kilian and Purvis. Kilian and Purvis, by the terms of the bond executed on the 23d of April, 1885, were jointly and severally liable to the plaintiff for the non-performance of all the conditions contained in the contract referred to in the bond. The complaint contains an averment that on the 20th of October, 1885, the plaintiff and defendants entered into an agreement whereby Westcott was to be released of all obligation on account of the bond, or…
2Cases cited3 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Goldberg v. . UtleyNew York Court of Appeals · 1875
- Harris v. EldridgeNew York Supreme Court · 1879