Great Northern Telegraph Co. v. Yokohama Specie Bank, Ltd.

The Appellate Division has affirmed, as a matter of law and not in the exercise of discretion, an order which denied a motion by the plaintiff to join The Chartered Bank of India, Australia and China as an additional party defendant in the action against whom plaintiff’s right to relief is alleged to exist in the alternative and in allowing this appeal has certified the following questions:

“ 1. Had the Supreme Court the power to grant plaintiff’s motion to join The Chartered Bank of India, Australia and China as an additional party herein against whom plaintiff seeks relief in the alternative?