McLaughlin v. Mayor
New York Court of Common Pleas
Appeal by defendant from an order made at special term on motion of one John Dowling, substituting him as plaintiff in the action. The facts are stated in the opinion.
1Opinion of the CourtJoseph F. Daly, J.
Plaintiff died during the pendency of this action, and John Dowling, who claimed to be assignee of the cause of action by assignment made during plaintiff’s lifetime, upon notice to the defendant only, moved at special term for an order that he be substituted as plaintiff. Objection was made that no notice of the application had been given to the personal representatives of the deceased plaintiff. The order was granted and defendant appealed.
In the case of Franklyn v. Graham, reported as a note to section 567 of the new Code (1877), and originally reported in 1860 as a note to section 121 of…
2Cited by2 opinions
- Smith v. HarringtonWyoming Supreme Court · 1891
- Ross v. RossNew York Court of Common Pleas · 1882