Legal Opinion

Booth Bros. v. Baird

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1903PublishedCited by 8 opinions

Appeals by the defendants, Isabella Baird, as executrix, etc., of Matthew Baird, deceased, and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of tlie county of Hew York on the 27tli day of June, 1902, upon the report of a referee.

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Appeals by the defendants, Isabella Baird, as executrix, etc., of Matthew Baird, deceased, and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of tlie county of Hew York on the 27tli day of June, 1902, upon the report of a referee. The action is brought to recover the contract price of paving stone delivered under the following contract and for demurrage, storage and wharfage on account of the failure of the purchasers to provide a place for the delivery and acceptance of the same, to wit: “Hew York, March 19th, 1889. “ Messrs.…

1Opinion of the Court

Laughlin, J.:

The first question presented is whether the contract was joint or several, or joint and several on the part of either or both of the parties thereto. In form, manifestly, the contract is joint and joint only on the part of the vendors, and joint and joint only on the part of the purchasers. It appears, however, that the vendors were corporations engaged in business separately, and the purchasers were severally engaged in business as paving contractors, some in both the cities of Hew York and Brooklyn and some in only one. It is contended that the plaintiffs could not lawfully…

2Cases cited5 opinions

  1. People v. North River Sugar Refining Co.New York Court of Appeals · 1890
  2. Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
  3. Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
  4. Potts v. . DounceNew York Court of Appeals · 1903
  5. Booth Bros. & H. I. Granite Co. v. BairdNew York Supreme Court · 1895

3Cited by8 opinions

  1. Bowers v. Ocean Accident & Guarantee Corp.Appellate Division of the Supreme Court of the State of New York · 1906
  2. Mandell v. MosesAppellate Division of the Supreme Court of the State of New York · 1924
  3. Tramblay v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1904
  4. Fisher Textile Co. v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1904
  5. Bowers v. Ocean Accident & Guarantee Corp.Appellate Division of the Supreme Court of the State of New York · 1906

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