Isear v. Daynes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Daynes and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of December, 1895, denying a motion made by the defendants Daynes and Yan Der Hoogt to consolidate with this action an action pending in the District Court of the city of New York.
1Opinion of the Court
Patterson, J.:
It appeared by the affidavit of the moving parties that this action was instituted against fifty defendants, among whom were Daynes *558and Van Dei* Hoogt. It was brought upon a policy of insurance upon which each of the fifty defendants was alleged to be liable severally. The summons was served on the defendants Daynes and Van Der Hoogt on the 9th of November, 1895. It further appears that on the 16th of October, 1895, this plaintiff commenced an action in one of the District Courts of the city of New York on the same policy of insurance, but only against the two defendants on…
2Cited by13 opinions
- Dow v. Holly Manufacturing Co.California Supreme Court · 1958
- House v. Sterling Fire Ins.Utah Supreme Court · 1919
- Straus v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1897
- Curry v. EarllAppellate Division of the Supreme Court of the State of New York · 1924
- Fleischman v. MengisAppellate Terms of the Supreme Court of New York · 1908
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