Legal Opinion

Mynderse v. Snook

New York Supreme Court

Decided September 15, 1869PublishedCited by 5 opinions

Motion by defendant for a new trial on a case with exceptions. The complaint was upon a promissory note for $1,000, made by the defendant and payable to the plaintiff or order. • The answer averred, that the plaintiff, and one Yanclief, were partners in the distillery business, under the firm name of Mynderse & Co.; that the note belonged to the firm, and that Yanclief should have been joined as party plaintiff in .the action.

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Motion by defendant for a new trial on a case with exceptions. The complaint was upon a promissory note for $1,000, made by the defendant and payable to the plaintiff or order. • The answer averred, that the plaintiff, and one Yanclief, were partners in the distillery business, under the firm name of Mynderse & Co.; that the note belonged to the firm, and that Yanclief should have been joined as party plaintiff in .the action. That the firm, had entered into a contract in writing with defendants, by which it agreed to feed a certain number of hogs, at a price, and for a time named; and also,,…

1Opinion of the Court

Present — E. D. Smith, Dwight and Johnson, JJ.

By the Court

Johnson, J.

The justice at the circuit was clearly right in holding that there was no evidence tending to sustain the defence of non-joinder of proper parties set up in the first answer. The note was plain, and, upon its face, was payable to the plaintiff only, or to his order. It is not of the least consequence to whom the money, before the loan, belonged. Even if it belonged to Mynderse & Co., beyond all dispute, it does not at all affect the question of the exclusive ownership of the note by the plaintiff. It was plainly matter of…

2Cases cited2 opinions

  1. Briggs v. BriggsNew York Supreme Court · 1855
  2. Schubart v. HarteauNew York Supreme Court · 1861

3Cited by5 opinions

  1. Spofford v. . RowanNew York Court of Appeals · 1891
  2. Gilboy v. LennonNew York Supreme Court · 1922
  3. Tilden v. WashburnThe Superior Court of the City of New York and Buffalo · 1889
  4. Tilden v. WashburnThe Superior Court of New York City · 1889
  5. Weston v. TurnerNew York Supreme Court · 1887

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