Heatter v. Day Publishing Co.

Although by the contract sued upon the defendant engaged both Heatter, the plaintiff, and one Seidman, who is not here joined, the compensations were to be payable separately. Though the contract repeatedly recited the parties engaged as “ said copartners,” the fact of such copartnership did not appear in the terms of the contract of employment. Plaintiff, therefore, could sue for his separate damage by his dismissal. The contract, while joint in form, was several in interest. (Villard v. Moyer, 123 App. Div. 629; 9 Cyc. 704, 705.) Even if they were partners, defendant had agreed to pay each…