Niven v. Spickerman
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. This was an action of covenant, brought by Spickerman & Stever against the defendant below. The defendant prayed oyer, which was refused by the justice, who told him that he had no right to see the covenant until it was produced on the trial. The defendant then pleaded the general issue, and, after . • i i r • a an adiournment, the cause was tried before a mry.
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IN ERROR, on certiorari to a justice’s court. This was an action of covenant, brought by Spickerman & Stever against the defendant below. The defendant prayed oyer, which was refused by the justice, who told him that he had no right to see the covenant until it was produced on the trial. The defendant then pleaded the general issue, and, after . • i i r • a an adiournment, the cause was tried before a mry. A covenant J . i ■ -t r i i or agreement of partnership, signed by the defendant below, to which he, and the plaintiffs below, and several other persons, were* parties, to dig for a mine,…
1Per curiam
There has been an utter subversion of legal principles in this case.
The return presents ground for many objections, but it is sufficient to say, 1. That the justice committed an error in not allowing the defendant below oyer of the covenant declared on, before he was compelled to plead.
2. This being an unincorporated company, it cannot sue in the name of its trustees.
3. The only remedy by partners against each other, for balances due on partnership account, is by bill in equity, or action of account.
Judgment reversed. (a)
In Casey v. Brush, (2 Caines’ Rep. 293.) it was decided, that ¿mumpnt…
2Cases cited1 opinion
- Hobart v. HowardMassachusetts Supreme Judicial Court · 1812
3Cited by5 opinions
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- Copper v. PowellNew York Supreme Court · 1808
- Ramsay v. BarcroftSupreme Court of Missouri · 1829