Legal Opinion

Curtis v. American Book Co.

District Court, S.D. New York

Decided May 25, 1955PublishedCited by 3 opinions

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

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Mallow v. HindeSupreme Court of the United States · 1827
  3. Minnesota v. Northern Securities Co.Supreme Court of the United States · 1902
  4. Stewart v. United StatesSupreme Court of the United States · 1855
  5. Beckwith v. TalbotSupreme Court of the United States · 1877

12 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Imperial Appliance Corp. v. Hamilton Manufacturing Co.District Court, E.D. Wisconsin · 1967
  2. Blizzard v. PenleyDistrict Court, D. Colorado · 1960
  3. Curtis v. American Book Co.District Court, S.D. New York · 1955

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