Legal Opinion
Birch-Field v. Davenport Shore Club, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1928PublishedCited by 4 opinions
1Opinion of the Court
Order dismissing complaint as against defendant William Weiss, as receiver, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. There is but one cause of action pleaded as to Weiss, and the joining of defendant Weiss as receiver and individually was proper under sections 211 and 213 of the Civil Practice Act, as if the plaintiffs’ cause of action be otherwise made out, he is liable either individually or as receiver, and this alternative liability makes proper the joinder in both capacities. (Ader v. Blau, 241 N. Y. 7, 13;…
2Cases cited5 opinions
- Kain v. . SmithNew York Court of Appeals · 1880
- Ader v. BlauNew York Court of Appeals · 1925
- Cardot v. . BarneyNew York Court of Appeals · 1875
- Jamison v. LambornAppellate Division of the Supreme Court of the State of New York · 1923
- Cuban-Canadian Sugar Co., S. A. v. ArbuckleNew York Supreme Court · 1926
3Cited by4 opinions
- Gabriele v. Kent Realty Co.Appellate Terms of the Supreme Court of New York · 1934
- Reynolds v. GrahamAppellate Division of the Supreme Court of the State of New York · 1937
- Kasen v. MorrellAppellate Division of the Supreme Court of the State of New York · 1960
- Perciasepe v. National Reserve Insurance Co. of IllinoisAppellate Division of the Supreme Court of the State of New York · 1929