Whitford v. . Laidler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 20,1881, which affirmed a judgment of the Otsego County Court in favor of plaintiff. (Reported below, 25 Hun, 136.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 20,1881, which affirmed a judgment of the Otsego County Court in favor of plaintiff. (Reported below, 25 Hun, 136.) The nature of the action and the material facts are stated in the opinion. It was a condition precedent to the taking effect of the lease that it was to be signed by all those whose names were in the instrument, and who were the officers of the society. It not having been so executed, it is not binding upon those who did sign. (People v. Bostwick,…
1Opinion of the Court
Ruger, Ch. J.
This action was brought to recover compensation for the use of certain lands, during the year 1875, and a judgment was obtained against the defendants upon the theory that they were personally liable, as joint contractors, upon the written instrument produced in evidence by the plaintiff. This judgment was sustained at the General Term, through an omission to regard the distinctions in evidence pertinent respectively to such an action, and one brought against the association of which the defendants were members.
The action must be treated as one brought to charge the defendants,…
2Cases cited13 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Randall v. Van VechtenNew York Supreme Court · 1821
- Eaton v. . AspinwallNew York Court of Appeals · 1859
- Brockway v. AllenNew York Supreme Court · 1837
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Ellison Associates v. Eastwood Management Corp. (In Re Ellison Associates)District Court, S.D. New York · 1983
- Crowley v. LewisNew York Court of Appeals · 1925
- Naylor v. SteneSupreme Court of Minnesota · 1905
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