4 Thomp. & Cook 36
Decided June 15, 1874
New York Supreme Court · decided 1874-06-15
The action was brought by the plaintiffs, Peter Perrine and Adolphus Perrine, as partners, and a judgment was rendered by the justice in favor of the plaintiffs. The defendant appealed to the county court, serving notice of appeal upon the plaintiff, Peter Perrine, only. The respondents moved to dismiss the appeal, on the ground that no notice of appeal had been served upon Adolphus Perrine.
Decided 1874-06-15
¶1The only ground stated in the notice of motion to dismiss the appeal was that no notice of appeal had been served on the respondent, Adolphus Perrine. The respondents were partners. Hotice to one was notice to both. The county court, therefore, erred in dismissing the appeal, and the order must be reversed, with costs.
¶2Order reversed.