Merrill v. Green
New York Supreme Court
APPEAL, by the plaintiffs, from a judgment entered on the report of a referee. The plaintiffs were partners residing in the city of New York, and Boberts & Green were partners residing and doing business as merchant tailors in Auburn, Cayuga county.
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APPEAL, by the plaintiffs, from a judgment entered on the report of a referee. The plaintiffs were partners residing in the city of New York, and Boberts & Green were partners residing and doing business as merchant tailors in Auburn, Cayuga county. The plaintiffs sold and delivered goods to Boberts & Green and advanced them money, to the amount of $390.27, for which they were indebted to the plaintiffs in October, 1867. Boberts & Green were also indebted to divers other persons in about the sum of $2,600. The firm of Boberts & Green was dissolved on or about the 18th of December, 1867, by…
1Opinion of the Court
By the Court,
Mullin, P. J.
Had the plaintiffs treated the .bond as a promise by the defendants to Roberts to pay their debt, and brought the action on that promise, it is possible they could have recovered the amqunt due, without any deduction on account of the note. (Lawrence v. Fox, 20 N. Y. 268.) But, having sued as assignees of the bond, the plaintiffs can only recover whatever was justly due thereon after *585deducting all sums that were allowable against the assignors.
The defendants are jointly and severally liable on the bond. In an action against both obligors, a separate judgment may be…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Bush v. . LathropNew York Court of Appeals · 1860
- Pratt v. AdamsNew York Court of Chancery · 1839
- Merrill v. . GreenNew York Court of Appeals · 1873
- McIlvaine v. EgertonThe Superior Court of New York City · 1864