Perkins v. Richmond
New York County Courts
This action was brought, against the defendants to recover upon a promissory note, of which the following is a copy.: “ Benton, January 1st, 1855. “ $51. One year from date, for value received, I promised to pay William Perkins, or bearer, fifty-one dollars, with use. (“Signed) “Thomas Snydeb, “James W. Richmond, “ Security. “ Gteobge Baeden, “ Security.” The process was served upon all the defendants, and aE appeared and answered.
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This action was brought, against the defendants to recover upon a promissory note, of which the following is a copy.: “ Benton, January 1st, 1855. “ $51. One year from date, for value received, I promised to pay William Perkins, or bearer, fifty-one dollars, with use. (“Signed) “Thomas Snydeb, “James W. Richmond, “ Security. “ Gteobge Baeden, “ Security.” The process was served upon all the defendants, and aE appeared and answered. Upon the trial, the plaintiff proved the signatures of the defendants, Richmond and Barden, the amount due upon the note, and then rested. The defendant, Snyder,…
1Opinion of the Court
Briggs, County Judge.
Various questions are raised by the notice of appeal in this case, only one of which I shall examine. Had the justice authority or power to discharge the defendant, Snyder ?
Prior to the adoption of the Code, the rule was well settled that in an action against several defendants upon a joint and several contract, if the plaintiff elected to bring his action against all the defendants, he must recover against all, or faff as to all; and so in actions against several defendants jointly *311indebted, a joint contract must be proved, or fail as to all, except in cases where a…
2Cases cited2 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Crandall v. BeachNew York Supreme Court · 1852