Le Roy v. Platt
New York Court of Chancery
The bill in this cause was filed to restrain the defendants from prosecuting a suit at law in the supreme court. The complainant was the owner of mills at the village of Le Roy; and, as the defendants alleged, he had without authority overflowed their lands by the waters of his mill pond. In August, 1801, the complainant and three other persons were the owners of a large tract of land, usually denominated the triangular tract.
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The bill in this cause was filed to restrain the defendants from prosecuting a suit at law in the supreme court. The complainant was the owner of mills at the village of Le Roy; and, as the defendants alleged, he had without authority overflowed their lands by the waters of his mill pond. In August, 1801, the complainant and three other persons were the owners of a large tract of land, usually denominated the triangular tract. On the 4th of August, 1801, the proprietors of the triangle entered into a contract with R. M. Stoddard and D. Saltonstall to sell to them lot No. 3, in section No. 1,…
1Opinion of the Court
The Chancellor.
Margaret Platt, the mother of I. Platt, deceased, joined in the suit at law as one of the plaintiffs. Although she could not be the heir to her son, as the law then stood, yet the complainant was justified in making her a party in this suit, as she might have acquired an interest in the premises in question in some other way. She alleges in her answer that she had no interest or claim in this controversy, and that her name was used as a plaintiff in the suit at law by mistake. As there is an improper joinder of plaintiffs, it is a matter of course that the suit at law must be…
2Cited by36 opinions
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Truscott v. . KingNew York Court of Appeals · 1852
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Tyler v. MagwireSupreme Court of the United States · 1873
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