Olsen v. Bankers Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bankers Trust Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of February, 1923, denying its motion for an order adjudging that there is a misjoinder of parties plaintiff. White & Case [David Paine of counsel], for the appellant.
1Opinion of the Court
McAvoy, J.:
Defendant moved for an order adjudging that there is a misjoinder of parties plaintiff to this action, because the cause of action set forth in the complaint cannot accrue to both plaintiffs, one the maker and the other the payee of the check in suit, and for a further direction that an amended complaint may be served as required by the decision of the court.
The facts out of which the controversy arose indicate that the plaintiff Olsen, desiring to pay a debt owed to the plaintiff Irwin, procured a check of his on the defendant Bankers Trust Company to be certified by that bank and…
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