Bates v. James
The Superior Court of New York City
Appeal from a judgment at Special Term, in favor of the plaintiffs, for $389 18. The complaint charged that the defendants had wrongfully taken, carried away, and sold, a large number of tubs of butter belonging to the plaintiffs, of the value of three hundred dollars, and claimed judgment for five hundred dollars damages, with costs.
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Appeal from a judgment at Special Term, in favor of the plaintiffs, for $389 18. The complaint charged that the defendants had wrongfully taken, carried away, and sold, a large number of tubs of butter belonging to the plaintiffs, of the value of three hundred dollars, and claimed judgment for five hundred dollars damages, with costs. The defendants, in their answer, denied the ownership of the plaintiffs, and justified under an execution issued out of the Marine Court of the city of Hew York, against the property of John Bates, one of the plaintiffs. The case was now heard upon the following…
1Opinion of the CourtBy the Court. Duer, J.
We can look only at the exceptions that appear upon the face of the bill. Hence the objection that John Bates is improperly joined as a plaintiff, and that the action should have been brought in the names of the other partners alone, cannot now be taken. It was not taken upon the trial, and is not raised in the pleadings (Cook, § 148). We add, that if the execution was a nullity, John Bates was not only a proper but a necessary party. We are not to be understood as saying, that, in all cases where the property of a firm has been sold under an execution against one of the partners, an action…
2Cases cited1 opinion
- Walsh v. AdamsNew York Supreme Court · 1846
3Cited by3 opinions
- Spalding v. BlackSupreme Court of Kansas · 1879
- Michalover v. MosesAppellate Division of the Supreme Court of the State of New York · 1897
- Winebrener v. JohnsonThe Superior Court of New York City · 1869