Charles Simar and Wife, Appellants v. George Canaday, Respondent

Summary

The Court of Appeals reversed the General Term's order granting a new trial and restored the jury verdict for the husband and wife plaintiffs. It held that misjoinder of plaintiffs does not require dismissal of the entire complaint, that both spouses have independent causes of action for fraud, and that they may sue jointly despite distinct injuries. The decision rests on the protectability of an inchoate dower right and the fraudulent inducement of the conveyance.