Arnold v. Greene
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. The plaintiffs, copartners under the name of A. E. Arnold & Co., mortgaged certain property to the defendant, who, after condition broken, sold under the mortgage, but did not require cash payment from the purchaser. Nothing in the mortgage authorized a sale upon credit, but credit was given with the consent of Thurs-ton.
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Exceptions to the Court of Common Pleas. The plaintiffs, copartners under the name of A. E. Arnold & Co., mortgaged certain property to the defendant, who, after condition broken, sold under the mortgage, but did not require cash payment from the purchaser. Nothing in the mortgage authorized a sale upon credit, but credit was given with the consent of Thurs-ton. Greene was obliged to bring suit to recover the purchase-money, and, in his account with the mortgagors, charged them with his expenses. The present action was brought in the Court of Common Pleas to recover the amount due from…
1Per curiam
The first question in logical order is, whether the written discontinuance filed by the plaintiff Thurston was effectual to take the case out of court. Although where partners are plaintiffs, and the obligation sought to be enforced is to the partnership, the right of one plaintiff to discontinue the action against the will of his co-plaintiff is generally conceded, he will not be permitted so to discontinue the action when shown to be acting in fraud or collusion with the debtor, or when it appears that the remaining plaintiff will suffer injury. Noonan et al. v. Orton, 31 Wisc. 265,…
2Cases cited1 opinion
- Winslow v. NewlanIllinois Supreme Court · 1867
3Cited by1 opinion
- Jarvis v. DowneyMassachusetts District Court, Appellate Division · 2008