Bowdoin v. Coleman
The Superior Court of New York City
Appeal from a judgment upon a verdict for plaintiff. This action was brought by George R. J. Bowdoin, Jeremiah Larocque, Samuel L. M. Barlow and Joseph Larocque, against Thomas J. Coleman and James McGregor, jr. The complaint set forth that on June 3, 1850, at the city of New York, the defendants executed their certain undertaking in a certain action in the Superior Court, wherein John H. Keyser was plaintiff, and William H. Harbeck, John H. Harbeck, Samuel Ward, Rodman M.…
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Appeal from a judgment upon a verdict for plaintiff. This action was brought by George R. J. Bowdoin, Jeremiah Larocque, Samuel L. M. Barlow and Joseph Larocque, against Thomas J. Coleman and James McGregor, jr. The complaint set forth that on June 3, 1850, at the city of New York, the defendants executed their certain undertaking in a certain action in the Superior Court, wherein John H. Keyser was plaintiff, and William H. Harbeck, John H. Harbeck, Samuel Ward, Rodman M. Price and Louis Dietz were defendants, in the following words and figures. Title of the Cause :— Whereas the plaintiff in…
1Opinion of the Court
By the Court,* Hoffman, J.
The case, in our opinion, turns upon the decision of three questions.
1. Whether the right of Ward and Price to sue upon the undertaking, passed to the plaintiffs in this action, by the assignment of March 21,1855.
2. Whether the complaint is sufficient, and whether the alleged defect can now be taken advantage of.
3. Whether Ward and Price could have sued upon the undertaking separately. If they could not, of course the plain*439tiffs cannot. And this question also involves that of the effect of the action by John H. and William H. Harbeck.
1. It seems to us clear that Ward…
2Cases cited4 opinions
- Curtis v. TylerNew York Court of Chancery · 1842
- Clark v. DalesNew York Supreme Court · 1855
- Ehle v. PurdyNew York Supreme Court · 1831
- D. & N. Arnold v. TallmadgeNew York Supreme Court · 1838
3Cited by7 opinions
- Gans v. WoolfolkMontana Supreme Court · 1876
- Sanderson v. PeabodySupreme Court of New Hampshire · 1877
- Burt v. LustigThe Superior Court of the City of New York and Buffalo · 1892
- Burt v. LustigThe Superior Court of New York City · 1892
- Gallarati v. OrserThe Superior Court of New York City · 1859
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