Shaped Seamless Stocking Co. v. Snow, Church & Co.
Appellate Terms of the Supreme Court of New York
Appeal from an affirmance by the General Term of the City Court of an order of the Special Term, denying the motion of George L. Montague, the receiver of the plaintiff, to he substituted as plaintiff in this action.
1Opinion of the CourtDaly, P. J.
The receiver’s motion was made under the pro-vision of the Code: “ In case of a transfer of interest or devolution of liability, the action may be continued, by or against the original party ; unless the court directs the person to whom the interest is transferred, or upon whom the liability is. devolved, to be substituted in the action, or joined-with the original party, as the case requires.” Code, § 756. The City Court denied the application of the receiver on the ground that the attorney for the plaintiff had a much larger interest in the prospective recovery in the action than the…
2Cases cited2 opinions
- Requa v. . HolmesNew York Court of Appeals · 1857
- Hegewisch v. . SilverNew York Court of Appeals · 1893
3Cited by2 opinions
- Fitzpatrick v. MosesAppellate Division of the Supreme Court of the State of New York · 1898
- Fitzpatrick v. MosesAppellate Division of the Supreme Court of the State of New York · 1898