Tibbetts v. Blood & Tubbs
New York Supreme Court
APPEAL from a decision made at a special term, overruling a demurrer to the complaint. The complaint stated that one Charles Brown was the treasurer of a certain association consisting of seven associates and upwards, in the town of Hanover, known as Forestville Division No. 411, Sons of Temperance.
Read the full summary
APPEAL from a decision made at a special term, overruling a demurrer to the complaint. The complaint stated that one Charles Brown was the treasurer of a certain association consisting of seven associates and upwards, in the town of Hanover, known as Forestville Division No. 411, Sons of Temperance. That the defendants, on the 2d of January, 1852, made, executed and delivered their certain promissory note in writing to said Brown, the treasurer of the association, and duly authorized to receive it on behalf the association, as follows: “Nine months after date we jointly and severally promise…
1Opinion of the Court
By the Court, Marvin, J.
The principal objection made by the defendants is that the note is the property of seven or more persons, and that they should have brought the action in their names, as plaintiffs; that the action cannot be brought in the name of Tibbetts as treasurer. This position is -undoubtedly correct, unless the statute of 1851, chap. 455, applies to the case. The plaintiff’s counsel insists that the statute does apply, and does not claim that the action can be maintained upon any other ground. Let us proceed at once to an examination of the statute. It is an act to extend the “…
2Cases cited1 opinion
- Wells v. GatesNew York Supreme Court · 1854
3Cited by10 opinions
- Martin v. CurranNew York Court of Appeals · 1951
- Olery v. BrownNew York Supreme Court · 1875
- Saint v. PopeAppellate Division of the Supreme Court of the State of New York · 1961
- De Witt v. ChandlerNew York Supreme Court · 1860
- Poultney v. BachmanNew York Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.