Legal Opinion

O'Connor v. Lock

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1912PublishedCited by 1 opinion

Appeal by the plaintiff, Patrick O’Connor, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 20th day of November, 1911, substituting a third party as defendant in place of Gustave Lock, and discharging said Lock from liability to the plaintiff or to said third party.

1Opinion of the Court

Burr, J.:

In October, 1911, plaintiff began this action to recover the possession of a certain power boat, of the value of $425, alleged to be wrongfully detained from him by defendant, together with damages for the detention thereof.

“A defendant against whom * *. * an action to recover a chattel is pending, may, at any time before answer, upon proof, by affidavit, that á person, not a party to the action, makes a demand against him for the same * * * property, without collusion with him, apply to the court, upon notice to that person and the adverse party, for an order to substitute that…

2Cases cited4 opinions

  1. Sinnott v. . FeiockNew York Court of Appeals · 1901
  2. Bullowa v. Provident Life & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Boskowitz v. BoskowitzAppellate Division of the Supreme Court of the State of New York · 1908
  4. Mason v. RiceAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by1 opinion

  1. Smith Motor Car Corp. v. Universal Credit Co.City of New York Municipal Court · 1934

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