Brainard v. Jones
New York Supreme Court
Present, Bowen, P. J., Mullett and Greene, Justices. Appeal from an order at special term overruling a demurrer to the complaint.
1Opinion of the Court
Greene, Justice.
By the court
The complaint is on a replevin bond, executed (under the old system) by one Alexander Ramsdell, as principal, and the defendants as sureties. The agreement of the obligors is joint and several. Ramsdell is not joined as a defendant in the action, and the defendant *570Jones demurs for a defect of parties: first, on the ground that Ramsdell is not made a party ; and, secondly, that he, Jones, is improperly joined as a defendant with Provost.
At common law, the defendants could not be sued jointly without joining Ramsdell, provided he was living at the time of the…
2Cases cited1 opinion
- De Ridder v. SchermerhornNew York Supreme Court · 1851
3Cited by6 opinions
- Decker v. TrillingWisconsin Supreme Court · 1869
- Palmer v. FieldNew York Supreme Court · 1894
- Strong v. SproulNew York Court of Common Pleas · 1872
- Field v. Van CottNew York Court of Common Pleas · 1874
- Field v. Van CottNew York Court of Common Pleas · 1874
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