Bannerman v. Quackenbush
New York Court of Common Pleas
Appeal from a judgment of the General Term of the-Marine Court of the City of New York affirming a judgment of that court entered upon the verdict of a .jury and an order denying a motion for a new trial. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The court had jurisdiction to allow the words “ & Son ” to be stricken from the title, and to direct that the name of Abraham Quackenbush be inserted instead.
The action was brought against the defendants as copartners; and where that is the case the Code provides, § 1932, that if the summons is served upon one or more, but not upon all the defendants, the plaintiff may proceed against the defendant or defendants served, unless the court shall otherwise direct; and if he recovers, may take final judgment against all the defendants jointly indebted; upon which…
2Cases cited2 opinions
- Bliss v. BlissThe Superior Court of New York City · 1860
- Downer v. EgglestonCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by4 opinions
- De Witt v. Abraham Bros. Horse & Mule Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Messler v. Schwarzkopf & Dorer (Ltd.)New York Supreme Court · 1901
- Calumet & Hecla Mining Co. v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Pollacek v. SchollAppellate Division of the Supreme Court of the State of New York · 1900