Mitchell v. Niagara, Lockport & Ontario Power Co.
New York Supreme Court
Demurrer to complaint by both defendants.
1Opinion of the CourtRodenbeck, J.
The claims set forth in the plaintiff’s complaint arose out of the same transaction or out of transactions connected with the same subject of action between him and the defendant the Niagara, Lockport and Ontario Power Company, and the defendant Fred D. Corey is interested in part of the relief asked for and is a necessary party to a complete determination of the litigation and the demurrer should therefore be overruled.
'The defendants claim that there are four distinct causes of action set forth in the complaint. This claim would be good if this were not an action in equity. It is true that…
2Cases cited15 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Lamming v. . GalushaNew York Court of Appeals · 1892
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