Hornby v. Gordon
The Superior Court of New York City
In this action two motions were made, under section 122 of the Code of Procedure, by different persons, to be made parties defendants. The action was for the recovery of the possession of specific personal property. The facts, as gathered from the papers, were as follows: About the 14th of March, 1862, the plaintiff sold to the defendant twenty-five hogsheads of tallow, to be‘paid for in cash on delivery.
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In this action two motions were made, under section 122 of the Code of Procedure, by different persons, to be made parties defendants. The action was for the recovery of the possession of specific personal property. The facts, as gathered from the papers, were as follows: About the 14th of March, 1862, the plaintiff sold to the defendant twenty-five hogsheads of tallow, to be‘paid for in cash on delivery. The defendant, without the knowledge or consent of the plaintiff, obtained possession of the tallow, without making payment, placed it on board the ship Equator, then lying at Pier Ho. 16,…
1Opinion of the CourtMonell, J.
The section of the Code under which these motions are made (§ 122) provides that “when, “in an action for the recovery of real or personal pro- “ perty, a person not a party to the action, but having an “ interest in the subject thereof, makes application to the *658“ Court, to be made a party, it may order him to be “ brought in by the proper amendment.”
This provision is new, and has not, except in one case, that I have been able to find, received a judicial construction. The codifiers, in their notes, (Code, as reported, p. 251,) say:, “ The object of this section is to save the “necessity, in…
2Cited by2 opinions
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1896
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1886