Harris v. Bennett
New York Supreme Court
Motion by assignee to be substituted as plaintiff, and for leave to continue suit in Ms name. After this action was commenced the plaintiff assigned his interest in the claim to his brother, who assigned it to Mr. Clarke, brother of the plaintiff’s attorney. Subsequently a report of referees, after a long contest, was made in favor of the plaintiff, but was set aside on account of the admission of improper evidence.
1Opinion of the Court
Mitchell, Justice.
The assignee now moves to be made plaintiff in the suit, and that the suit may be continued in his name. It sufficiently appears that the plaintiff is insolvent, and that the assignee is better security for costs than the plaintiff.
But the defendant alleges, and the plaintiff’s attorney substantially admits that the object of the motion is to make the plaintiff a witness, and so sustain a case which it was difficult for the plaintiff to make out before. Such an object ought not to be favored; if it were, every plaintiff when he found his case could not be otherwise…
2Cited by2 opinions
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