Grinnell v. Marine Guano & Oil Co.

• Decision Date: 16 October 1880
• Citation: Grinnell v. Marine Guano & Oil Co., 13 R.I. 135 (R.I. 1880)
• Parties: PHILLIP S. GRINNELL et al. v. THE MARINE GUANO AND OIL COMPANY.
• Court: Rhode Island Supreme Court

13 R.I. 135

PHILLIP S. GRINNELL et al. v. THE MARINE GUANO AND OIL COMPANY.

Supreme Court of Rhode Island.

October 16, 1880

Public Laws R.I. cap. 563, § 7, of April 20, 1876, apply to suits pending at the time of enactment as well as to actions subsequently brought.

DEFENDANTS' petition for a new trial.

This action was brought in the Court of Common Pleas against three defendants, doing business as copartners under the firm name of the Marine Guano and Oil Company, and came by appeal into this court. At the trial, the defendant claimed that no evidence had been produced to fix any liability on two of the defendants, and requested the presiding judge to instruct the jury that if there was any misjoinder of parties defendant and if the plaintiffs failed to prove a right of action against all the defendants jointly, the verdict should be given for the defendants. The judge instructed the jury that " under a recent statute, passed since the beginning of the suit, they might find against one, two, or all of said defendants." To this instruction the defendants excepted, and after verdict against two of the defendants this petition was filed.

Pub Laws, R.I. cap. 563, of April 20, 1876, enacted during the pendency of this suit, provide:

" SECT. 1. Whenever in any action the plaintiff is in doubt as to the person from whom he is entitled to recover he may join two or more defendants with a view of ascertaining which, if either, is liable, and the plaintiff shall recover only against such of the defendants as may be liable therein, and such as are not liable shall recover their costs. SECT. 7. No action shall be defeated by the misjoinder of parties if the matter in controversy can be properly dealt with and settled between the parties before the court, and the court may order any party improperly joined in any action to be stricken out, or may, upon such terms as may be proper, order any other person to be made a party to such action, and to be summoned in to answer thereto; and in any case the court may, and upon the request of either party it shall, direct the jury to return a special verdict upon any issue submitted to the jury."

Act April 20, 1876, declaring that no action shall be defeated because of misjoinder, if the matter can be dealt with, etc., is applicable to actions then pending.

William P. Sheffield, for plaintiffs.

Edward D. Bassett, for defendants.

PER CURIAM.

We do not think...