Legal Opinion

Haskell v. Moran

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

Decided April 5, 1907PublishedCited by 1 opinion

Appeal by the defendant, Lena M. Moran, as administratrix, etc., 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 21st day of February, 1907, granting leave to plaintiff to serve an amended summons and a second amended complaint herein, adding the name of Ross F. Robertson as a party defendant.

1Opinion of the Court

Laughlin, J.:

This is an action against the administratrix of a deceased member of a copartnership to recover on a contract obligation of the firm. Ross F. Robertson, who under the order appealed from is to be brought in, was a member of the firm at the time the obligation was incurred.. The defendant answered without raising the objection that there was a defect of parties defendant. The plaintiff there*811after moved for leave to serve an amended summons and complaint, making Bobertson a party. The motion was denied. It .may very well be that it was denied upon.the theory that the plaintiff…

2Cases cited9 opinions

  1. Chapman v. . ForbesNew York Court of Appeals · 1890
  2. New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
  3. Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1896
  4. Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
  5. Schun v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903

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3Cited by1 opinion

  1. Gittleman v. . FeltmanNew York Court of Appeals · 1908

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