Legal Opinion

Citizens' National Bank v. Bang

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1906PublishedCited by 3 opinions

Appeal by Eliza R. Bergstein,' as executrix, etc., of Frederick W. Bergstein, deceased, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of th,e clerk of the county' of .Saratoga on the 4th day óf December, 1905, directing that said Eliza R. Bergstein, as executrix as aforesaid, be brought in and substituted, as defendant in the>bove-.entitled action in place of Frederick W. Bergstein, deceased.

1Opinion of the Court

Smith, J.:

The action is brought against two indorsers upon a promissory note; that is, two indorsers only were served. One of tlie indorsers, Frederick W. Bergstein, died. By the order appealed from, upon the application of the plaintiff, his executrix has .been substituted.

The substitution seems clearly' to be authorized by section 760 of *749the Code of Civil Procedure. (See, also, Douglass v. Ferris, 138 N. Y. 207; Eaton v. Alger, 47 id. 345.)

Appellant insists, however, that she could only be brought in by an order requiring that she be served with supplemental summons and complaint under…

2Cases cited2 opinions

  1. Douglass v. . FerrisNew York Court of Appeals · 1893
  2. Palen v. BushnellNew York Supreme Court · 1889

3Cited by3 opinions

  1. National Council of Knights & Ladies of Security v. ScheiberSupreme Court of Minnesota · 1917
  2. Skinner v. SullivanNew York Supreme Court · 1920
  3. Thorburn v. MitchellAppellate Division of the Supreme Court of the State of New York · 1920

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