Van Allen v. Rogers
The Superior Court of the City of New York and Buffalo
Action by Van Allen and others against Rogers and others. Defendant Rogers moves to strike out part of the answer of defendant Howard.
1Opinion of the CourtGildersleeve, J.
While it is true that section 1204 of the Code provides that a “judgment may determine the ultimate rights of the parties on the same side, as between themselves, and it may grant to a defendant any affirmative relief to which he is entitled,” still this provision cannot reach such a case as this. The defendants can have relief against each other only in reference to the claim made against them by the plaintiffs, and as a part of the adjustment of that claim, and it must be based upon the facts involved in, and brought out by, the litigation and investigation of that claim. In such a case,…
2Cases cited4 opinions
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Smith v. HiltonNew York Supreme Court · 1888
- Jones v. GrantNew York Court of Chancery · 1843
- Kurtz v. McGuireThe Superior Court of New York City · 1856
3Cited by4 opinions
- Mutual Life Insurance v. United States Hotel Co.New York Supreme Court · 1913
- Eysaman v. NelsonNew York Supreme Court · 1913
- Belden v. BrownNew York Supreme Court · 1912
- Johnson v. Harrison Engineering & Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1928