Dillon v. . Anderson
New York Court of Appeals
Appeal from a judgment entered at the General Term in the third judicial district in favor of the plaintiff upon a verdict rendered at the Ulster Circuit, subject to the opinion of the court at General Term.
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Appeal from a judgment entered at the General Term in the third judicial district in favor of the plaintiff upon a verdict rendered at the Ulster Circuit, subject to the opinion of the court at General Term. This action was brought to recover damages for breach of a contract, claimed to have been entered into by the defendant with the plaintiff, for the construction of a pair of boilers for the steamboat Mary Powell, on the 11th day of September, 1865. The answer sets up, that the contract was made with the defendant and one John L. Hasbrouck jointly, and that Hasbrouck is a necessary party.…
1Opinion of the CourtFolger, J.
1st. The motion for a nonsuit was properly denied. The action was upon a contract in writing. It- was signed by the plaintiff and defendant, and by no one else. It was signed in duplicate, and delivery made by each to the other. It showed them the only contracting parties. The fact that in the body of the instrument Hasbrouck, who did not execute it, was named as a joint contractor with Anderson, did not prevent it from having effect against Anderson. (Parker v. Bradley, 2 Hill, 584.) Prima facie, it was the contract of Dillon and Anderson. And the onus was on Anderson, to show that he ivas…
2Cases cited6 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Thurston v. . CornellNew York Court of Appeals · 1868
- McKown v. . HunterNew York Court of Appeals · 1864
- Hosmer v. WilsonMichigan Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Inge v. Board of Public Works of MobileSupreme Court of Alabama · 1902
86 more not listed; retrieve them via the Exa API.