Long v. Burke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter P. Long, as trustee in bankruptcy of the late firm of Meeker, Carter & Booraem and of Frederick W. Meeker and others, members of said firm, from 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 27th day of March, 1905, directing that the Mt. Holly Brick and Clay Company be made a party defendant in the action.
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Appeal by the plaintiff, Walter P. Long, as trustee in bankruptcy of the late firm of Meeker, Carter & Booraem and of Frederick W. Meeker and others, members of said firm, from 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 27th day of March, 1905, directing that the Mt. Holly Brick and Clay Company be made a party defendant in the action. This action is brought by the trustee in bankruptcy of the firm of Meeker, Carter & Booraem to recover a balance of $1,487.22 claimed to be due from the defendant…
1Opinion of the Court
O’Brien, J.:
Upon this appeal the question is presented as to whether in an action in which a money judgment only is sought, the plaintiff can be compelled to bring in as a defendant a third party who applies to the court to be permitted to intervene. The question is not a new one and until the decision of the Court of Appeals in Bauer v. Dewey (166 N. Y. 402) it was involved in some doubt.
In approaching the subject it is important to determine under what section of the Code of Civil Procedure the present application is made; whether under section 452 or section 820, both of which relate to…
2Cases cited3 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Bauer v. . DeweyNew York Court of Appeals · 1901
3Cited by5 opinions
- Dickinson v. TysenAppellate Division of the Supreme Court of the State of New York · 1908
- Horan v. BruningAppellate Division of the Supreme Court of the State of New York · 1906
- Deiches v. Western Development Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Brooklyn Cooperage Co. v. A. Sherman Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Touhey Co. v. Shongo Construction Co.New York Supreme Court · 1917