
    AMANDA F. MASON, Appellant, v. AUSTIN L. WELLS, Respondent.
    
      Nonjoinder of parties.
    
    The non-joinder of a person jointly liable with a defendant in an action, may be set up in an answer, and is, if established when so set up, a perfect defense to such action. 
    
    Appeal from a judgment, entered on the report of a referee directing a dismissal of the complaint.
    The action was based upon the alleged neglect on the part of the defendant, to keep renewed and continued in life and force, certain policies of insurance upon the plaintiff’s house, which was consumed by fire. The answer stated, and the referee found, that at the times mentioned in the complaint, the defendant and one Thomas M. Knight were copartners in the insurance business, and that Knight was jointly interested with the defendant in all his insurance business.
    
      H. C. Kingsbury, for the appellant
    
      C. D. Murray., for the respondent.
    
      
       Wooster v. Chamberlin, 28 Barb., 602; Sweet v. Tuttle, 4 Kernan, 468.
    
   Opinion by Smith, P. J.

Present —: E. D. Smith, P. J., Gilbert and Talcott, JJ.

Judgment affirmed.  