Strauss v. Trotter

Citations

• 26 N.Y.S. 20
• 6 Misc. 77
• 55 N.Y. St. Rep. 489

Syllabus

<p>1. Negotiable Instruments—Interpretation.</p> <p>A joint “or” several liability is a joint “and” several liability.</p> <p>2. Parties—Misjoinder as a Defense.</p> <p>In an action on a joint, or several liability, • misjoinder of parties defend ■ ant is no defense, but judgment goes against a defendant upon his several liability.</p> <p>3. Pleadings.</p> <p>Denial of a legal conclusion is nugatory.</p> <p>4. Accord and Satisfaction—What Constitutes.</p> <p>Acceptance of an indorsed promissory note of the debtor In payment and satisfaction of his existing indebtedness .for goods sold is a valid accord and satisfaction, and so merges and extinguishes the original debt.</p> <p>6. Corporations—Liabilities of Trustees.</p> <p>In an action against trustees under the act of 1875, a judgment against, the corporation is not requisite.</p> <p>6. Same—Several Judgment—Effect of.</p> <p>A judgment against one trustee upon his several liability does not discharge or affect the liability of another trustee.</p> <p>7. Negotiable Instruments — Recovery against Indorser — Effect of on Maker.</p> <p>A judgment against the indorser does not discharge or affect the liability of the maker of a note.</p> <p>& Pleadings—Demurrer to Answer—What Questions Raised.</p> <p>The role that upon demurrer to the answer the complaint is open to-question exposes the complaint to challenge only for want of jurisdiction or cause of action, but not to the objection of a defect of parties.</p> <p>9. Same—Complaint—Defects Cured by Answer.</p> <p>A defect for which the complaint would be condemned on demurrer is supplied and repaired by allegation of the requisite fact in the answer.</p> <p>(Syllabus by the Court.)</p>