Davies v. Fish
New York Supreme Court
Motion for leave to intervene as party defendant. This action was brought by Julien T. Davies, as receiver of the assets of the firm of Grant & Ward, against James D. Fish and John H. Morris, as the assignee for benefit of creditors of Fish, and others, to establish and enforce as a first preference upon moneys in the hands of said assignee, a claim for money alleged to have been fraudulently and wrongfully withdrawn by Fish from the assets of the firm of Grant & Ward, of…
Read the full summary
Motion for leave to intervene as party defendant. This action was brought by Julien T. Davies, as receiver of the assets of the firm of Grant & Ward, against James D. Fish and John H. Morris, as the assignee for benefit of creditors of Fish, and others, to establish and enforce as a first preference upon moneys in the hands of said assignee, a claim for money alleged to have been fraudulently and wrongfully withdrawn by Fish from the assets of the firm of Grant & Ward, of which he was a member, and to establish and enforce a lien upon specific pieces of property in which such moneys had been…
1Opinion of the CourtAndrews, J.
The petitioner certainly has an interest in the controversy adverse to the plaintiff, and the plaintiff *27might have made him a party, but section 447 of the Code of Civil Procedure contains no provision requiring or authorizing the court to direct him to be brought in upon his own application.*
There has been quite a difference of opinion between courts and judges as to what persons, not parties to an action, are to be construed as having “ an interest in the subject” thereof, within the meaning of section 452 of said Code. People v. Albany and Vermont R. R. Co. (77 N. Y. 232) was an action…
2Cases cited1 opinion
- The People v. . Albany and Vermont R.R. Co.New York Court of Appeals · 1879
3Cited by2 opinions
- Christman v. ThatcherNew York Supreme Court · 1888
- In re the Estate of EddyNew York Surrogate's Court · 1894