Weed v. First National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by. the plaintiff William R. Weed and by-the- defendant, The First National Bank of Saratoga Springs, N. Y.,. from an order of the Supreme Goni-t, made at the Albany Special Term and entered in the office of the clerk'of the county of Saratoga on the 13tli day of July, 1906, granting a motion made by the plaintiff Florence J. Steenbñrgh that Willard Lester be made a party defendant in this action.
1Opinion of the Court
Cochrane, J.:
The action was originally instituted by William B. Weed as sole plaintiff. Thereafter, Florence J. Steenburgh was, by order of the court on her own motion, permitted to intervene as a party plaintiff and to appear as such plaintiff bj her attorney. Such order was granted without opposition, after notice to the original plaintiff Weed. From the papers used on the present motion it appears that it was made “ upon the consent of the respective parties.”
The propriety of such order, granted as it was without objection by the original "plaintiff, cannot here be questioned. That such an…
2Cited by2 opinions
- Dana v. MorganDistrict Court, S.D. New York · 1914
- Leighton v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1915