Murray v. Bogert & Kneeland
New York Supreme Court
THIS was an action of assumpsit. The declaration contained the usual money counts, and a count on an insimul computassent.
Read the full summary
THIS was an action of assumpsit. The declaration contained the usual money counts, and a count on an insimul computassent. The cause came on for trial before Mr. Justice Platt, at the ' ... j ew-Yoric sittings, in June, 1816. ° 1 7 The counsel for the plaintiff, on opening the cause, stated, that ^is action was brought to recover money paid by the plaintiff f°r the use of the defendants, under the following circumstances : The plaintiff, in connection with Kane, Mumford, and the Mansfield, in May, 1804, agreed upon an adventure to the island of St. Domingo, for which purpose one or more…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. The motion to set aside the nonsuit must be denied. There is no principle that can be assumed, under the facts in the case, which will sustain the action. It cannot be supported on the princi*322pie of contribution. The defendants were not parties to the judgment which Forbes recovered against the plaintiff and others ; nor could they have been made parties. The contract upon which Forbes recovered that judgment was made by him, with Murray, Kane, Mumford, & Mansfield. But whether the defendants could have been connected with them in that suit…
2Cited by17 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Gibbs's EstateSupreme Court of Pennsylvania · 1893
- Setzer v. BealeWest Virginia Supreme Court · 1882
- Rathbone v. StockingNew York Supreme Court · 1848
- Chandler v. ShermanSupreme Court of Florida · 1877
12 more not listed; retrieve them via the Exa API.