Pennsylvania Railroad v. Tozzi

Erlanger, J.:

Two causes of action are set up in the complaint. The first is for a conversion of certain merchandise, and the second is based upon a judgment obtained in the Supreme Court of the State of New Jersey. Plaintiff moves for summary judgment on the second cause of action, or, in the alternative, for judgment on the pleadings.

A rather novel question is presented in support of the application. The defendant was not a party to the New Jersey action, but a notice was served upon him, pending that action, to defend it upon the theory that he stood in the relation of indemnitor to the…