Metropolitan Addressing & Mailing Co. v. Goodenough
The Superior Court of the City of New York and Buffalo
An action was brought in the name of the Metropolitan Addressing &. Mailing Company, as a corporation, against Goodenough & Woglom and another. Judgment was rendered in favor of defendants and against plaintiff" for costs.
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An action was brought in the name of the Metropolitan Addressing &. Mailing Company, as a corporation, against Goodenough & Woglom and another. Judgment was rendered in favor of defendants and against plaintiff" for costs. Defendants moved to charge Herbert D. Van Auken with the-costs, on the ground that he was beneficially interested in the cause of action, and that he wrongfully promoted the action; and, in support of the motion,, affidavits were filed, showing that the Metropolitan Addressing & Mailing Company was not a corporation, but merely .the style under which Van Aukem did business.…
1Opinion of the CourtMcAdam, J.
The proofs show that Herbert D. Van Auken was the promoter of the suits brought. He signed the contract under which they were-commenced, and in Exhibit C he refers to them as “my” (his) case. The-action was wrongfully commenced in the name of the Metropolitan Addressing & Mailing Company, on the theory that it was a corporation. It was-in fact the name under which Van Auken did business; a feature not discovered by the defendants until long after the action terminated in their-favor, with $114.10 costs. These circumstances show that Van Auken was “beneficially interested” in the action,…
2Cases cited7 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Giles v. . HalbertNew York Court of Appeals · 1854
- Miller v. FranklinNew York Supreme Court · 1839
- Waring v. BaretNew York Supreme Court · 1824
- Slauson v. . WatkinsNew York Court of Appeals · 1884
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