Kidd v. Brown — 2 How. Pr. 20

Majority

p. 20

James Kidd agt. Henry E. Brown, Impleaded with Ralph Johnson.

Headnote

A judgment entered against two defendants as co-partners on a cognovit signed by one of them, for the firm, after service of a declaration on the defendant, giving the cognovit, is regular against the defendants as joint debtors. ( 10 Wend. 630 .)

December Term, 1845.

Motion for defendant Brown to set aside judgment for irregularity.

This was a judgment entered upon a cognovit given by defendant Johnson for the firm of Johnson & Brown, who were co-partners. After *the service of a declaration on Johnson. Brown not having been served with declaration. Brown alleged he did not consent to it;

p. 21

judgment was entered against both defendants ai.d execution issued against the joint property of the defendants and the sole property of defendant Johnson.

E. W. -Peckham, counsel for Brown.

Peckhams & Colt, attorneys for Brown.

F. 0. Shepard, plaintiff's counsel.

Harris & Shepard, plaintiff's attorneys.

The judgment is regular against the defendants as joint debtors. ( 10 Wend. 630 .) The motion must be denied, with costs.

Rule accordingly.

Cases cited

Pardee v. Haynes & Merriam 10 Wend. 630 N.Y. Sup. Ct. p. 20, p. 21