Feinberg v. American Surety Co.

City of New York Municipal Court

Feinberg v. American Surety Co.

32 Misc. 755, 65 N.Y.S. 796

DecidedJuly 15, 1900

StatusPublished

This text of 32 Misc. 755 (Feinberg v. American Surety Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feinberg v. American Surety Co., 32 Misc. 755, 65 N.Y.S. 796 (N.Y. Super. Ct. 1900).

Pincite

Opinion

Hascall, J.

The presence of Hawkins is not necessary to a complete determination of the rights of the parties plaintiff and defendant. Whatever interest Hawkins may eventually have, as between himself and the surety company, is quite immaterial to the issue as made by the pleadings already of record.

This is an action at law, upon an instrument under seal; Mr. Hawkins is not a party to such instrument, is not primarily liable; section 452 of the Code is not applicable to the status of the parties shown by the papers (9 Hun, 439; 123 N. Y. 532), and the order below ought not to stand.

Order appealed from reversed, with costs to appellant.

Conlan and Schuchman, JJ., concur.

Order reversed, with costs to appellant.

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