Third National Bank v. Graham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Cecil Graham, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of February, 1916, as amended by an order entered in said clerk’s office on the 25th day of February, 1916, overruling a demurrer to the complaint. The hearing was brought on as a contested motion and leave was granted to plead over.
1Opinion of the Court
Page, J.:
The complaint alleges a contract of guaranty, in writing, signed by the defendant and nine other persons. The action is brought against the defendant Graham alone. The second ground of the demurrer is that it appears from the face of the complaint that there is a defect of parties defendant, in that the plaintiff has not made the other nine persons defendants in the action. The contract is the joint obligation of the ten persons who signed it, and the rule is well settled that all the parties jointly hable on the same instrument must be joined in an action thereon. The exceptions to…
2Cases cited2 opinions
- Sullivan v. New York & Rosendale Cement Co.New York Court of Appeals · 1890
- Franklin v. BeegleAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by6 opinions
- Crehan v. . MegargelNew York Court of Appeals · 1922
- Field v. Layton & Layton, Inc.Court of Chancery of Delaware · 1928
- Spencer Kellogg & Sons, Inc. v. BushNew York Supreme Court · 1961
- Crehan v. MegargelAppellate Division of the Supreme Court of the State of New York · 1922
- Construction Management Corp. v. Brown & Root, Inc.New York Supreme Court · 1962
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