29 Ind. 226 | Ind. | 1867
The appellee charged in his complaint that the firm of Sutton and Swan, who were, on the 29th day of August, 1864, engaged in the warehouse, storage and Avheat trade, executed to the appellee a receipt for certain Avheat, then received by them in store, subject to the order of the appellee, and to be paid for by said firm at the market price. That the appellants, together Avith another person, who has not joined in this appeal, subsequently purchased from said
In the ease of Beers v. Robinson, 9 Penn. St. 229, the plaintiff was a creditor of Keenan, and proved that Keenan’s property was sold at auction, and the notes given by the purchasers given to the defendant, who promised Keenan that he would pay his debts so far as the notes and the property purchased by the defendant would go. It was held that the creditor could maintain an action on the promise. This case is in point, as the special debt was not named. The following cases are also to the same effect: Arnold v. Lyman, 17 Mass. 400; Fitch v. Chandler, 4 Cush. 254; Hall v. Marston, 17 Mass. 575; Felch v. Taylor, 13 Pick. 133; Carnegie v. Morrison, 2 Met. 381; Hinkley v. Fowler, 15 Me. 285. An. interesting review and classification of the authorities will be. found in the case of Mellen, Admx. v. Whipple, 1 Gray 317. In Eastwood v. Kenyon, 39 Eng. Com. Law 438, it
A demurrer was also filed to the complaint, on the ground that there was a defect of parties defendant. This was also overruled. We cannot sustain this action of the court. Our code provides that any one may be made a defendant to the action who is a necessary party to a complete determination or settlement of the question involved We think the defendants, for their own protection, could insist upon the members of the firm of Sutton § Swan being joined in the suit, and bound by the judgment. The demurrer for this cause should have been sustained.
The judgment is reversed, with costs, and the cause remanded for further proceedings.