Blythe v. Larity
This text of 169 A.D. 965 (Blythe v. Larity) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
While the complaint does not authorize the relief asked against Northrip, yet he was invested with a power in trust to determine to whom the assignors should convey. He seems to have some beneficial interest in the execution of the power. Moreover, he has a right to insist that the conveyance shall not be made until he shall have been paid. Hence, he is a proper party defendant, and the complaint should not be dismissed as to him. The order is modified accordingly, and as modified affirmed, without costs here or below. Jenks, P. J., Thomas, Stapleton, Mills and Putnam, JJ., concurred.
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Cite This Page — Counsel Stack
169 A.D. 965, 153 N.Y.S. 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blythe-v-larity-nyappdiv-1915.