Hirshfeld v. Kalischer
New York Supreme Court
Appeal from special term, New York county. Action by Jacob Hirshfeld, suing in his own behalf, etc., against Adolph S. Kalischer and others, impleaded. From an interlocutory judgment sustaining a demurrer to the complaint, plaintiff appeals. Affirmed.
1Opinion of the CourtO’Brien, J.
In addition to the grounds assigned and discussed
in the case of Hirshfeld v. Kursheedt (decided herewith) 30 N. Y. S. 1023, another question is here presented. It is insisted that there is a defect of parties defendant, based upon the theory that the complaint fails to show that the plaintiff has obtained leave to make the receivers parties defendant. As matter of fact, the receivers are defendants-, and the objection is directed to the failure to allege that leave was obtained to make them such defendants. While it would have been better to have secured permission, and to have alleged it, we…
2Cited by12 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Pruyn v. McCrearyAppellate Division of the Supreme Court of the State of New York · 1905
- Reed v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1919
- Washington Trust Co. v. Local & Long Distance Telephone Co.Washington Supreme Court · 1913
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