Legal Opinion
Borgos v. Price
New York Supreme Court
Decided May 29, 1931PublishedCited by 9 opinions
1Opinion of the CourtHammer, J.
The objection to the first affirmative defense that the plaintiff is not the real party in interest is not that it is improperly alleged or that such defense is not a good defense but that by its very allegations it appears on the face thereof that the “ interest ” relied upon by defendant is not such as will support this defense. In determining whether the plaintiff is the real party in interest the test to be applied is: Has the plaintiff the legal title, and will the recovery or satisfaction by plaintiff bar all claims by others? (Brown v. Powers, 53 App. Div. 251, and cases cited;…
2Cases cited18 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Green v. . DaviesNew York Court of Appeals · 1905
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
- Place v. . MinsterNew York Court of Appeals · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pomeranz v. MoreCity of New York Municipal Court · 1946
- Maynes v. LucianoCity of New York Municipal Court · 1935
- O'Sullivan v. Jarach-Guetta Industrial Overseas Co.New York Supreme Court · 1949
- Hijos De Daniel Espuny, S.A. v. Victor M. Calderon Co.New York Supreme Court · 1957
- Smith v. Fredericks, New York County Courts1932
4 more not listed; retrieve them via the Exa API.