Bischoff v. Engel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jacob Engel and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13tli day of April, 1896, upon the decision of the court rendered after a trial at the New York Special Term.
Read the full summary
Appeal by the defendants, Jacob Engel and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13tli day of April, 1896, upon the decision of the court rendered after a trial at the New York Special Term. The action was brought by Fritz C. Bischoff, in his own behalf and for the benefit of all other heirs at law and next of kin of Theresia Bischoff, deceased (who shall see fit to come in), against the sureties upon an administrator’s bond, given by Fritz’s father, who was also named Fritz C.…
1Opinion of the Court
Barrett, J.:
The defendants make a preliminary point that the complaint does not state facts sufficient to constitute a cause of action in failing to allege a reason Avhy plaintiff’s sister was not joined as co-plaintiff. The failure to make such an allegation might have had a bearing upon another question, viz., whether there Avas a defect of parties plaintiff. But it does not affect the sufficiency of the cause of action as alleged. The objection that the plaintiff’s sister Avas not joined as co-plaintiff should lme been taken by demurrer ; and, not having been so taken, it was waived. The…
2Cases cited1 opinion
- Hood v. . HoodNew York Court of Appeals · 1881
3Cited by7 opinions
- Yates v. ThomasNew York Supreme Court · 1901
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1897
- Dunne v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1899
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1899
2 more not listed; retrieve them via the Exa API.