Whiting v. Elmira Industrial Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Elmira Industrial Association of Elmira, N. Y., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 17th day of February, 1899, upon the decision of the court rendered after a trial at the Steuben Trial Term overruling its demurrer to the complaint.
1Opinion of the Court
Spring, J.:
The plaintiff has brought this action in behalf of himself and all others who are similarly situated, and, as they are very numerous, the action is properly maintainable in.that form. .■ It is, in effect, the same as if all had joined as plaintiffs, for the right is theirs at any time to become parties plaintiff, and thus to be the recipients of any benefits accruing to the plaintiff in name, and they would also-be subject to their part of the expenses incurred. (Hirshfeld v. Fitzgerald, 157 N. Y. 166,180 et seq.; Persons v. Gardner, 42 App. Div. 490, 500; Brinckerhoff v. Bostwick,…
2Cases cited10 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Baily v. . HornthalNew York Court of Appeals · 1898
- Lattin v. . McCartyNew York Court of Appeals · 1869
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Frankel v. City of Miami BeachSupreme Court of Florida · 1976
- Dickinson v. Hot Mixed Bituminous IndustryOhio Court of Appeals · 1943
- Cordell v. World Ins. Co.District Court of Appeal of Florida · 1978
- Easterbrook v. Elmira Industrial Ass'n of ElmiraAppellate Division of the Supreme Court of the State of New York · 1902
- Fuhrmann v. von PustauAppellate Division of the Supreme Court of the State of New York · 1908