Johnston v. Lewis
New York Court of Common Pleas
Motion to substitute another defendant. This action was brought by George Johnston against William R. Lewis, upon a promissory note made and indorsed by defendant. The defendant now moved for an order substituting Daniel Glacken as defendant.
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Motion to substitute another defendant. This action was brought by George Johnston against William R. Lewis, upon a promissory note made and indorsed by defendant. The defendant now moved for an order substituting Daniel Glacken as defendant. In support of this motion he showed by affidavit that Glacken had notified defendant that the moneys due on the note belonged to Glacken, and that he claimed the same ; that Glacken had also commenced a suit against him for the amount; that the demand of Glacken was made without collusion with the defendant; and that the defendant did not know to which…
1Opinion of the CourtVan Vorst, J.
The application in this case is made by defendant, under section 122 of the code of procedure, to substitute Daniel Glacken as defendant in his place, and to discharge defendant from liability to either party, on his depositing in court the amount of the note. It appears by the papers that Glacken does demand from the defendant the same debt as is sued for in this action, and all collusion between defendant and Glacken is denied.
This being an action founded on contract, the application is proper, and I think should be granted.
I have been referred by the counsel for the plaintiff to the case…
2Cases cited1 opinion
- Trigg v. HitzNew York Supreme Court · 1864