Pearce v. . Hitchcock
New York Court of Appeals
George Pearce and Henry Smith brought an action of debt in the New-York common pleas, against Andrew H. Hitchcock and others.
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George Pearce and Henry Smith brought an action of debt in the New-York common pleas, against Andrew H. Hitchcock and others. The declaration set forth that pursuant to the statute concerning “ attachments against absconding, concealed and non-resident debtors,” the plaintiffs procured from the proper officer a warrant directed to the sheriff of the city and county of New-York, commanding him to attach the real and personal estate of Israel D, Condit and Aaron Peck; that the process was duly executed; that for the purpose of procuring a discharge of the warrant, the defendants executed to the…
1DissentBronson, J.
(dissenting.) When there are several covenantees in a deed or obligation, the question who should join in bringing the action sometimes depends on the nature of their interest. If that be joint, all must join in bringing the action, although the words of the covenant may seem to imply a right to sue severally. And if the interest be several, each may sue alone, unless the words are expressly joint. The covenant will be construed to be joint or several, according to the interest of the parties appearing on the face of the deed, if the words are capable of that construction; but it cannot be…
2Cases cited2 opinions
- Ehle v. PurdyNew York Supreme Court · 1831
- D. & N. Arnold v. TallmadgeNew York Supreme Court · 1838