Freeman v. Bean

I vote to reverse the order appealed from and deny the motion to vacate the service. The White Motor Company while nominally a defendant is in reality a plaintiff against whom no judgment is demanded, nor any decree to restrict or enjoin. On the contrary, the action is primarily for its benefit. Any recovery will belong to it. Its status as a plaintiff is seen in the fact that it could appeal even though the complaint was dismissed as against all the defendants. (Sheridan v. Sheridan Electric Light Co., 38 Hun, 396.) In Holmes v. Camp (219 N. Y. 359, at p. 373) the court said: “ While it is…