Town of Hadley v. Garner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Town of Hadley, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Saratoga, on the 15th day of June, 1906, upon the decision of the court, rendered after a trial at the Warren Special Term, sustaining the defendants’ demurrer to the complaint.
1Opinion of the Court
Chester, J.:
The defendants have demurred to the complaint for a defect in parties defendants and for insufficiency. The action is against the sureties on an official undertaking. We agree with the learned trial justice that it was not necessary to join the commissioner of highways as a party defendant with the defendants who executed the undertaking as his sureties. The undertaking given is in form joint and several, and .for that reason alone it was proper to bring the action against the sureties without joining the commissioner as a party.
We are" unable, however, to agree with the…
2Cases cited3 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Smith v. JansenNew York Supreme Court · 1811
- Albany Dutch Church v. VedderNew York Supreme Court · 1835
3Cited by1 opinion
- Palmer v. RoodsAppellate Division of the Supreme Court of the State of New York · 1906