Dailey Bros. v. W. A. Clements Co.
New York Supreme Court
Application by defendant for costs against plaintiff under Civil Practice Act, section 1476.
1Opinion of the CourtThompson, J.
The suing in the alternative of two or more persons is a form of action at law new to the practice in this state. Authority for it is found in section 213 of the Civil Practice *311Act and is said to have been taken from the new English Practice Act, Order XVI, rule 7. The action here is identical with the illustration of the reason for the practice found in the notes to the English Practice Rules. The defendant Clements Company, sued by plaintiff for the purchase price of merchandise purchased through the defendant Hotaling Company, as agent for Clements Company, its disclosed principal,…
2Cases cited9 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- White v. . MadisonNew York Court of Appeals · 1862
- Taylor v. . NostrandNew York Court of Appeals · 1892
- Allis v. . WheelerNew York Court of Appeals · 1874
- In Re the Accounting of RunkNew York Court of Appeals · 1918
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3Cited by2 opinions
- Douglas v. Los Angeles Herald-ExaminerCalifornia Court of Appeal · 1975
- The F. M. Orton Company v. Earl, New York County Courts1930