Fullerton v. Taylor
New York Supreme Court
The plaintiff brought his action against three persons upon a joint contract for work, &c. The allegations of the complaint were denied by the answer.
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The plaintiff brought his action against three persons upon a joint contract for work, &c. The allegations of the complaint were denied by the answer. The referee to whom the cause was referred reported that the defendants were not indebted to the plaintiff; that the work was not done in pursuance of any contract made with the defendants, hut that the contract was made with and the work done for Elgin A. Taylor, one of the defendants, who was indebted to the plaintiff to a certain amount therefor. Upon this report the plaintiff entered judgment against Elgin A. Taylor for the amount reported…
1Opinion of the Court
W. F. Allen, Justice.
It is supposed by the counsel for the plaintiff, that the proceedings and judgment in this action are authorized by the first paragraph of § 274 of the Code of procedure. The language of that clause is quite general, but it is evidently qualified and- restrained in its operation by the next clause of the same section, by which the authority to enter judgment for or against one or more of several defendants is confined to those cases “ in which a several judgment may be proper.” This qualification and limitation was deliberately added as an amendment to the section as…
2Cases cited2 opinions
- Truly v. WanzerSupreme Court of the United States · 1847
- La Forge v. Chilson & WilliamsonThe Superior Court of New York City · 1851