Cochran v. Scott

Decided August 15, 1829

New York Supreme Court · decided 1829-08-15

Demurrer to declaration. The plaintiff declared as the indorsee of a promissory note, payable to Lawrence Power , .. . . . T t, and company, alleging an endorsement by Lawrence Power and company, without setting forth the names of the persons composing the firm. The declaration contained also the common money counts. The defendant demurred 'to the whole declaration, assigning special causes; the plaintiff ... Joined. ....

Good law ✅— No negative treatment on recordhow we know

Decided 1829-08-15

How this case has been cited

Cited by 3 later decisions — most recently May 1840

2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court.

Marcy, J.

¶2It was not necessary to set forth the names of the persons composing the firm of Lawrence Power and company, they being neither plaintiffs nor defendants in the suit. If the plaintiff derives his title to a note through a firm, he is not required to state in his declaration the names of the persons composing it. (8 Wheaton 642. 3 Chitty’s Pl. 35.)

¶3There is a still stronger reason, if possible, for overruling this demurrer. The declaration contains several counts, and the demurrer is put in to the whole ; the assigned cause of demurrer applies to only one count, and the sufficiency of the other counts is not questioned.

¶4Judgment for plaintiff.