Putney v. Haskins

The dispositive issue in this action under the "dramshop act” 1 is whether the plain tiffs were properly allowed to continue their suit against the defendant "dramshop” after settling with the allegedly intoxicated defendant. The fact that the allegedly intoxicated defendant continued as a nominal party and was not formally dismissed from the suit until the close of the proofs in this case is insufficient to satisfy the "name and retain” provision of the statute. We hold that a defendant has not been "retained in the action”, within the meaning of the statute, if a settlement of any kind is…