Korn v. Metropolitan Elevated Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by Max S. Korn against the Metropolitan Elevated Railway Company and the Manhattan Railway Company to enjoin defendants from maintaining and using their elevated railroad in front of plaintiff’s premises in Second avenue, New York city. Defendants appeal from a judgment for plaintiff, entered on trial by the court without a jury.
1Opinion of the CourtVan Brunt, P. J.
The first objection presented upon this appeal is based upon the fact that this action is brought by Max S. Korn, in whose name the title stood, and that Isidor S. Korn, who is his partner in the real-estate transactions, was not joined therein as plaintiff or defendant. Upon the trial this objection was taken, and upon it being ruled that such an objection could only be availed of by answer, where it did not appear upon the face of the complaint. *519a motion was made to amend the answer, which motion the court denied upon the ground that it was too late. We think, even if it was necessary to…
2Cases cited5 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
- Cheney v. . WoodruffNew York Court of Appeals · 1871
- Mitchell v. . BartlettNew York Court of Appeals · 1873
- Mitchell v. BartlettNew York Supreme Court · 1868
3Cited by2 opinions
- Jones v. GabrielliAppellate Division of the Supreme Court of the State of New York · 1958
- Ottinger v. New York Elevated RailroadNew York Supreme Court · 1892