William P. McGarry Co. v. Andrew Weston Co.

Order denying the motion of Edward D. W. Milligan, sought to be impleaded by defendant Andrew Weston Co., Inc., as a party defendant in its second and third special and separate defenses, to strike out said defenses and to vacate and set aside the service of the answer upon said Milligan, reversed on the law, with ten dollars costs and dis*796bursements, and motion granted, with ten dollars costs. The defendant-respondent was not entitled to join Edward D. W. Milligan as a defendant under the provisions of Civil Practice Act, section 271, for the counterclaims of the former did not raise…