Chew v. Brumagen
Supreme Court of the United States
Error to the Supreme Court of New Jersey; the case being thus: The Code of Procedure of the State of New York enacts by its 111th section that: “ Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113.” The exception of this 118th section is that: “ An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose…
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Error to the Supreme Court of New Jersey; the case being thus: The Code of Procedure of the State of New York enacts by its 111th section that: “ Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113.” The exception of this 118th section is that: “ An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted.” And by the same section: “A trustee of an express trust within the meaning of this…
1Opinion of the CourtJustice Strong
Confessedly the judgment must have the same effect given to it in the courts of New Jersey as it has in the State of New York, by the laws of that State, and either of the parties to it has, under the Constitution of the United States, a right to insist that such shall be its operation.
Tlie question, therefore, is what was its effect in the State of New York?
If, by the assignment to him, Wood, the assignee of the bond and mortgage, was clothed with the legal interest therein, and if when he sued, Walker, the assignor, was not a necessary party to the suit, it is plain the judgment in the suit…
2Cases cited1 opinion
- Cummins v. BarkalowNew York Court of Appeals · 1868
3Cited by15 opinions
- Societe Comptoir De L'Industrie Cotonniere v. Alexander's Department Stores, Inc.District Court, S.D. New York · 1961
- Baglin v. Earl-Eagle Mining Co.Utah Supreme Court · 1919
- Winnemucca State Bank & Trust Co. v. CorbeilNevada Supreme Court · 1919
- Johnson v. CurleyCalifornia Court of Appeal · 1927
- Scott v. MillerSupreme Court of Arkansas · 1929
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