Fish v. Iselin

Scott, J. (dissenting):

I dissent because the defense demurred to differs essentially from that considered and passed upon in Fish v. Vanderlip (170 App. Div. 780; affd., 218 N. Y. 29). In the latter case it was sought to establish the privity of the defendant with another defendant in another action upon the same policy of insurance wherein judgment had gone for the defendant, upon the sole ground that Vanderlip, although his liability on the policy was several and not joint, had contributed to the expense of the earlier action. This-was held to be insufficient to establish privity between…