Appellate Terms of the Supreme Court of New York, 1911

Underwood v. Schulz

Underwood v. Schulz
Appellate Terms of the Supreme Court of New York · Decided June 12, 1911
130 N.Y.S. 158 (New York Supplement)

Counsel

Samuel J. Rawak, for appellant., Samuel Ecker, for respondent Lynch., James B. Cauthers, for respondent Schulz.

Underwood v. Schulz

Opinion of the Court

PER CURIAM.

Only one bill of costs should have been taxed in this action. Plaintiff sued for a breach of warranty alleged to have been made by the defendants in the sale of a steam launch, of which the defendants were the joint owners and both of whom signed the written contract of sale. The defendants were united in interest, and one could not have been sued without joining the other.

Order reversed, with $10 costs and disbursements, and motion granted.

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