Ten Eyck v. Keller
Appellate Division of the Supreme Court of the State of New York
Appeal.by the defendant, Robert H. Keller and by Idene Dayton Denison, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 2d day of May, 1904, granting the plaintiff’s motion to make Idene Dayton Denison a party defendant, and for leave to serve a supplemental summons and an amended complaint.
1Opinion of the Court
Houghton, J.:
The plaintiff brought action against defendant Keller for conversion of certain theatre chairs. He answered, denying the con*107version and pleading title in one Idene Dayton Denison, his landlord, from whom he had rented the property in dispute. Thereupon the plaintiff moved to make Denison a party defendant and - for leave to serve a supplemental summons and an amended complaint. Such order was made, and both the new and the old defendant appeal.
The order was unauthorized and must be reversed. The action is purely one at law for a wrong. Thé complaint does not ask that the title to…
2Cases cited6 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Siedenbach v. . RileyNew York Court of Appeals · 1888
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1896
- Goldstein v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ladd & Tilton Bank v. RosensteinWashington Supreme Court · 1922
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
- Horan v. BruningAppellate Division of the Supreme Court of the State of New York · 1906