Washington Savings Bank v. Fletcher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Washington Savings Bank, Washington, D. 0., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of-New York on the 20th day of September, 1900, granting the motion of the Judge Company to be made a party to the action. ■ The application was made under section 452 of the Code of Civil Procedure, which provides, among other things, that “ where a person not a party to the action…
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Appeal by the plaintiff, the Washington Savings Bank, Washington, D. 0., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of-New York on the 20th day of September, 1900, granting the motion of the Judge Company to be made a party to the action. ■ The application was made under section 452 of the Code of Civil Procedure, which provides, among other things, that “ where a person not a party to the action has an interest in the subject thereof * * * and makes application to the court to be made a party, it must direct him…
1Opinion of the Court
Patterson, J.:
The right of the Judge Company to be made a party to the action depends upon its being interested in the subject thereof, and it is urged by the appellant that it is quite plain that that company has no interest in the result of the action; that such action relates to a trust created for the plaintiff’s benefit by the reorganization agreement, and to a contract to which the Judge Company is not a party; that that company issued bonds in payment for property acquired by it; that the plaintiff has the right to the possession of certain of these bonds and to sell them to pay the…
2Cases cited1 opinion
- Washington Savings Bank v. FergusonAppellate Division of the Supreme Court of the State of New York · 1899