Johnson v. Smith
New York Court of Common Pleas
Appeal from a judgment of the Fifth District Court, in the city of IsTew York. This action was brought by George W. Johnson and James M. Wallace, against Charles Smith.
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Appeal from a judgment of the Fifth District Court, in the city of IsTew York. This action was brought by George W. Johnson and James M. Wallace, against Charles Smith. The complaint set forth a cause of action against defendant and one George Wells, as partners, for goods sold, in the sum of $57.58, and then averred that in an action against Wells and Smith, in the same court, judgment had been recovered against Wells and Smith, on a service of summons upon Wells only, for $72.75; and the plaintiffs now demanded judgment against Smith, for the last-named sum. On the return of the summons,…
1Opinion of the Court
By the Court.*—Brady, J.
The plaintiffs could maintain an action against the defendant and his partner Wells, although the latter had been served in a former action,- and judgment had been rendered against him. (Carman a. Townsend, 6 Wend., 206.)
Whether the defendant Smith could be sued alone, after the judgment, does not appear to have been considered heretofore, and I believe has not been decided in any reported case. The original indebtedness as to the partner served with process, is *423merged in the judgment,* and the proceeding against him is on the judgment rendered. The defendant not…
2Cases cited2 opinions
- People v. . ArnoldNew York Court of Appeals · 1851
- Carman v. TownsendCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by3 opinions
- Kramer v. SchatzkinAppellate Terms of the Supreme Court of New York · 1899
- Prince v. CujasThe Superior Court of New York City · 1868
- Ticknor v. KennedyNew York Court of Common Pleas · 1868