Conard v. Southern Tier Masonic Relief Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Chemung County. Action by George P. Conard and another against the Southern Tier Masonic Relief Association. Prom an interlocutory judgment for defendant, plaintiffs appeal. Affirmed, and leave granted to sever action on payment of costs.
1Per curiam
For the reasons stated in the decision at special term, and because of the misjoinder of parties plaintiff (Nagel v. Lutz, 41 App. Div. 193, 58 N. Y. Supp. 816), judgment affirmed, with costs, and leave is granted to sever the action, pursuant to section 497 of the Code of Civil Procedure, on payment of the costs as stated in the interlocutory judgment and of this appeal. All concur, except HOUGHTON, J., who dissents as to misjoinder of plaintiffs, and concurs in sustaining demurrer as to third cause of action only.
2Cases cited1 opinion
- Nagel v. LutzAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Stolorow v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
- Truesdell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1907