Curtis v. American Book Co.
District Court, S.D. New York
1Opinion of the Court
WALSH, District Judge.
This is an action by one of two coauthors for a construction of their contracts with defendant publisher. Defendant moves to dismiss the complaint for lack of an indispensable party, the other co-author, who is not a party and cannot be joined without depriving the court of jurisdiction. The motion is granted to the extent of joining the coauthor. Although not an indispensable party, he is a necessary party if a court is to give full relief to the present parties. The advantage of his presence will outweigh any disadvantage which may result to the parties from this…
2Cases cited17 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Mallow v. HindeSupreme Court of the United States · 1827
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1902
- Stewart v. United StatesSupreme Court of the United States · 1855
- Beckwith v. TalbotSupreme Court of the United States · 1877
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3Cited by3 opinions
- Imperial Appliance Corp. v. Hamilton Manufacturing Co.District Court, E.D. Wisconsin · 1967
- Blizzard v. PenleyDistrict Court, D. Colorado · 1960
- Curtis v. American Book Co.District Court, S.D. New York · 1955