Akely v. Kinnicutt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, G. Hermann Kinnicutt and others, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February, 1924, as denies their motion for an order directing the severance of the alleged causes of action of the respective plaintiffs herein, and separate prosecution and trial thereof, including the service by each plaintiff of a separate complaint…
Read the full summary
Appeal by the defendants, G. Hermann Kinnicutt and others, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February, 1924, as denies their motion for an order directing the severance of the alleged causes of action of the respective plaintiffs herein, and separate prosecution and trial thereof, including the service by each plaintiff of a separate complaint wherein each alleged cause of action of such plaintiff will be separately stated and numbered.
1Opinion of the Court
McAvoy, J.:
One hundred and ninety-three plaintiffs are suing, each on a separate state of facts, asldng separate judgments and all joining then- causes in a single action, but each plaintiff’s cause is separated into a distinct statement. Defendants ask that the actions be severed into 193 separate actions.
The plaintiffs are 193 persons who invested in a stock of an Illinois corporation known as the Temtor Corn and Fruit Products Company. They live in ten separate States and some reside in Canada. One hundred and eighty-one of them are non-residents. Five of the defendants are copartners in…
2Cases cited3 opinions
- Hayes v. MissouriSupreme Court of the United States · 1887
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Walter v. . the PeopleNew York Court of Appeals · 1865
3Cited by8 opinions
- Strubbe v. SonnenscheinCourt of Appeals for the Second Circuit · 1962
- Cavanagh v. HutchesonNew York Supreme Court · 1931
- Dilworth v. Yellow Taxi Corp.Appellate Terms of the Supreme Court of New York · 1926
- Forbes v. City of JamestownAppellate Division of the Supreme Court of the State of New York · 1925
- Weigend v. HulshAppellate Court of Illinois · 1942
3 more not listed; retrieve them via the Exa API.