Merrill v. Blanchard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Greorge R. Blanchard, from a judgment of the Supreme Court in favor of the plaintiff, entered in the ■office of the clerk of the county of New York on the 18th day of March, 1896, upon the'verdict of a jury rendered by direction of the court. ■ ' The action was brought against Greorge R, Blanchard, Rush W. Bissell and Eaton N. Frisbie, as Co-partners, composing the firm of Frisbie, Bissell & Co., for. a co-partnership liability, and the two latter…
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Appeal by the defendant, Greorge R. Blanchard, from a judgment of the Supreme Court in favor of the plaintiff, entered in the ■office of the clerk of the county of New York on the 18th day of March, 1896, upon the'verdict of a jury rendered by direction of the court. ■ ' The action was brought against Greorge R, Blanchard, Rush W. Bissell and Eaton N. Frisbie, as Co-partners, composing the firm of Frisbie, Bissell & Co., for. a co-partnership liability, and the two latter having died by the time the cause was reached for trial, the action was continued and tried as .against this defendant.…
1Opinion of the Court
O’Brien, J.:
The first position of the appellant is,'that his motion at the end of the case to dismiss the complaint should have been granted upon the ground that, though Easton N. Frisbie, one of the partners, was made a party, he was never served with a summons, and upon his death the action was not continued against his personal representatives. It is the rule that in an action against partners all should be made defendants; and if the case had been reached for trial and it appeared that necessary parties had not been sued and served, and *169the objection had then been made that the action was…
2Cases cited5 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Fuchs v. . KoernerNew York Court of Appeals · 1887
- United States National Bank v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1896
- Hauck v. . CraigheadNew York Court of Appeals · 1876
3Cited by9 opinions
- Beissel v. Vermillion Farmers Elevator Co.Supreme Court of Minnesota · 1907
- Potts v. . DounceNew York Court of Appeals · 1903
- Allen v. Glen Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Griffin v. Brooklyn Ball ClubAppellate Division of the Supreme Court of the State of New York · 1902
- Bliss v. HornthalAppellate Division of the Supreme Court of the State of New York · 1898
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