Public-domain · open source
OpenJurist

9 Johns. 262

Thompson v. Shepherd

New York Supreme Court

Decided August 15, 1812

New York Supreme Court · decided 1812-08-15

THESE were three separate actions, on several promissory notes, brought by the endorsee against the maker. The notes dated on different days, for different sums, and payable at different times, to the same person, who endorsed them to the plaintiff. The notes were all due when the suits were commenced; and the writs were all issued at the same time, and served at the same time, on the defendant. .

Good law ✅— No negative treatment on recordhow we know

Decided 1812-08-15

How this case has been cited

Cited by 9 later decisions — most recently March 1924

8 state decisions

20181218201830184018501860187018801890190019101920decided

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.

View the full empirical analysis of this case →

Per Curiam.

¶1The motion for a rule that these causes be con» solidated, must be denied. The notes are of different dates, for different sums, and payable at different times; and, for any thing that appears, different defences may be set up in the several suits, compel a consolidation, under such circumstances, would be going farther than is the usual practice of this court or the K. B. in England; (1 Caines' Rep. 114. Imp. K. R. Prac. 668. 1 Tidd, 556.) though the case of Cecil v. Briggs (2 Term 639.) would' seem to extend the consolidation rule to all actions between the same parties, and brought at the same time, where the causes of action might be comprised in the same declaration. A liberal extension of this rule is well calculated to prevent oppression> by an unnecessary accumulation of costs, and we should be inclined to say, that where separate suits are brought upon notes or contracts made at the same time, and which might have been united in one action, and when the defence is the same in all, a consolidation rule ought to be granted.

¶2Rule refused.

/9/johns/262 · .json · Public domain