Newbould v. Warrin
New York Supreme Court
Demurrer to the complaint. This was an action by John A. Newbould against Thomas Warrin, Samuel Lord, William J. Lewis, and others.
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Demurrer to the complaint. This was an action by John A. Newbould against Thomas Warrin, Samuel Lord, William J. Lewis, and others. The complaint was in the nature of a creditor’s bill .to reach the property of the defendant Thomas Warrin, a part of which, of the alleged value of $6,000, was alleged to have been eollusively and fraudulently mortgaged to the defendant Samuel Lord (the father-in-law of Warrin), to defraud Warrin’s creditors ; and another part of which, valued at $80,000 (alleged to have been assigned to one Charles W. Dayton, now deceased, by defendant Warrin, and one Blake,…
1Opinion of the CourtMason, J.
This case comes before the court on separate demurrers taken to the complaint by Samuel Lord and William J. Lewis. Heither of these defendants Lord or Lewis can raise the question by demurrer that the legal representatives of Charles W. Dayton should have been made defendants in this action, as neither of them has any interest in that branch of the case. It is only when the defendant has an interest himself in *86another’s being made defendant, that he can demur for want of parties. It must appear that his interest requires that such other party should be made defendant, before he can demur. (14…
2Cases cited3 opinions
- Lewis v. TrickeyNew York Supreme Court · 1855
- Seymour v. Canandaigua & Niagara Falls RailroadNew York Supreme Court · 1857
- Young v. EdwardsNew York Supreme Court · 1855
3Cited by4 opinions
- Proctor v. Sidney Sash, Blind & Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Nelson v. BurrowsNew York Supreme Court · 1881
- Baeck v. MeinkenNew York Supreme Court · 1900
- Baeck v. MeinkenNew York Supreme Court · 1900