Carrington v. . Crocker
New York Court of Appeals
Appeal from a judgment of the supreme court. This action was brought by Fredrick T. Carrington and Myron Pardee, against Lucius B. Crocker, upon an award made by arbitrators against the defendant. •The respondent, Carrington, and Myron Pardee, were partners in trade, and in the course of their business the appellant became indebted to them, as they claimed ; and differences having arisen, either as to the existence of the indebtedness or its amount, the respective parties…
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Appeal from a judgment of the supreme court. This action was brought by Fredrick T. Carrington and Myron Pardee, against Lucius B. Crocker, upon an award made by arbitrators against the defendant. •The respondent, Carrington, and Myron Pardee, were partners in trade, and in the course of their business the appellant became indebted to them, as they claimed ; and differences having arisen, either as to the existence of the indebtedness or its amount, the respective parties submitted themselves to an arbitration, the result of which was an award, on the 3rd day of December, 1852, in favor of…
1Opinion of the CourtFullerton, J.
Although, as a general rule, a demand due to several persons jointly, cannot be divided so as to allow the individual interests to be recovered in separate actions, yet it may be done with the debtor’s consent. The reason is, that the contract of the debtor is to pay the debt as an entirety to his joint creditors, and is therefore indivisible. • The debtor, however, may, by a new contract, bind himself to account to the individual creditors for their respective interests in the demand, and such contracts are susceptible of being enforced.
The object of this rule is to protect the debtor from a…
2Cited by10 opinions
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Luddington v. . BellNew York Court of Appeals · 1879
- Beers v. . HendricksonNew York Court of Appeals · 1871
- Carvill v. Mirror Films, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Schwartzman v. Pines Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1919
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