Shearman v. Coman
New York Supreme Court
The defendant, on proof that the plaintiff had assigned the demands in suit absolutely to one Ballou, and on notice of motion given by the defendant’s attorneys to the plaintiff’s attorneys, moved for an order requiring the substitution of Ballou as plaintiff of record.
1Opinion of the Court
Allen, Justice,
granted the motion, and directed the entry of an order that the complaint be dismissed and judg*518ment be given for the defendant, with costs of the action, ■unless the assignee, Ballou, be substituted in the place of Shearman as plaintiff of record, within twenty days, and that in the meantime, and until such substitution, all proceedings on the part of the plaintiff be stayed.
2Cited by2 opinions
- Packard v. WoodNew York Supreme Court · 1864
- Smith v. HarringtonWyoming Supreme Court · 1891