Brown v. Richardson
The Superior Court of New York City
This was an appeal by the plaintiff from a • judgment rendered at special term in favor of the defendant Richardson, alone, upon a trial of the issues in this action before a judge of this court, without a jury.
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This was an appeal by the plaintiff from a • judgment rendered at special term in favor of the defendant Richardson, alone, upon a trial of the issues in this action before a judge of this court, without a jury. The action was originally brought upon a joint and several contract made by the two defendants, Richardson and Woods, for the delivery of merchandize ; answers were put in by both defendants severally, setting up several defenses ; no steps were taken to compel them to unite in their defense; the action was tried formerly upon such issues, and a verdict rendered in favor of the…
1Opinion of the Court
Robertson, Ch. J.
This action presents a singular state of proceedings therein. One of two joint defendants has been compelled by the plaintiff to pay a judgment recovered by him therein against both, and the other defendant, after a reversal of such judgment upon his several appeal, seeks to obtain the benefit of such payment by a supplemental answer. It will not be necessary to consider the question, whether one of two joint defendants can waive the right of restitution possessed by the other in consequence of having been compelled to pay a judgment since annulled. The questions involved…
2Cases cited6 opinions
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Richard v. WaltonNew York Supreme Court · 1815
- Bradshaw v. CallaghanCourt for the Trial of Impeachments and Correction of Errors · 1811
- Slauson v. EnglehartNew York Supreme Court · 1861
- Moulton v. NortonNew York Supreme Court · 1848
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