Packard v. Wood
New York Supreme Court
Appeal from an order denying defendant’s motion to have one Amory joined with plaintiff as a party. The action was by Austin Packard against loftis Wood, for an accounting between quasi-partners. Plaintiff had judgment for $29,322.10, from which defendant appealed to the general term, but without staying execution. Nearly the whole of the judgment had been collected by the sale of the defendant’s real estate to one Peter B. Amory.
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Appeal from an order denying defendant’s motion to have one Amory joined with plaintiff as a party. The action was by Austin Packard against loftis Wood, for an accounting between quasi-partners. Plaintiff had judgment for $29,322.10, from which defendant appealed to the general term, but without staying execution. Nearly the whole of the judgment had been collected by the sale of the defendant’s real estate to one Peter B. Amory. On the appeal, it was ordered that the judgment be reversed, unless plaintiff submit to certain reductions. The defendant contemplated a further appeal. On…
1Opinion of the CourtLeonard, J.
—The question here arises on appeal from an *322order made at special term, denying a motion, on the part of the defendant, that Peter B. Amory be joined as a party-plaintiff in this action as of the time he became interested therein, and that the judgment and proceedings be so amended. It appears that the case has been tried, and judgment rendered for the plaintiff, and that an appeal has been taken, which is not yet determined ; and a further appeal or a new trial is contemplated by the defendant, if the result of the present appeal is adverse to him.
The plaintiff assigned his interest in the…
2Cases cited2 opinions
- Sedgwick v. ClevelandNew York Court of Chancery · 1838
- Shearman v. ComanNew York Supreme Court · 1862
3Cited by9 opinions
- Gans v. BeasleyNorth Dakota Supreme Court · 1894
- Goldstein v. Peter Fox Sons Co.North Dakota Supreme Court · 1912
- Munzinger v. Courier Co.New York Supreme Court · 1894
- Smith v. HarringtonWyoming Supreme Court · 1891
- Bell v. AyersCourt of Appeals of Georgia · 1950
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