Bauer v. . Dewey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made December Y, 1900, affirming an order of Special Term granting an application of John H. Delack to intervene, and directing the plaintiff to make him a party defendant and to serve a supplemental summons and complaint.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made December Y, 1900, affirming an order of Special Term granting an application of John H. Delack to intervene, and directing the plaintiff to make him a party defendant and to serve a supplemental summons and complaint. The action was brought by the plaintiff as assignee of a claim of C. H. Diamond to recover twenty-five hundred dollars, the amount agreed upon between the defendant and Diamond as compensation for the latter’s services as a real estate broker. Soon after the commencement of…
1Opinion of the CourtMartin, J.
The last question certified is not a question of law which this court can determine. There is a conflict in the affidavits as to the facts relating to the transaction out of which the debt of the defendant arose. Whether Delack had any interest in it was a question of fact to be determined by the Special Term upon the affidavits submitted. With that we cannot deal.
The only question before this court is whether, under section 452 of the Code-of Civil Procedure, the Supreme Court had authority to compel the plaintiff to bring in as a defendant a third party upon his own application where only a…
2Cases cited2 opinions
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- H.B.C. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
3Cited by23 opinions
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
- Harley v. . PlantNew York Court of Appeals · 1914
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Brune v. McDonaldOregon Supreme Court · 1937
- Brooklyn Cooperage Company v. . the A. Sherman Lumber Co.New York Court of Appeals · 1917
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