Guardian Trust Co. v. Straus

New York Supreme Court

Guardian Trust Co. v. Straus

61 Misc. 441, 115 N.Y.S. 247

CourtNew York Supreme Court

DecidedDecember 15, 1909

StatusPublished

Cited by1 cases

This text of 61 Misc. 441 (Guardian Trust Co. v. Straus) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guardian Trust Co. v. Straus, 61 Misc. 441, 115 N.Y.S. 247 (N.Y. Super. Ct. 1909).

Pincite

Opinion

Truax, J.

I do not understand this motion. There cannot be two plaintiffs to an action, each appearing by a different attorney, and each setting up separate claims; but, under the prayer for other and further relief, the moving party may be made a party defendant, and the summons and complaint may be amended in that respect. If the moving party has a claim against one of the defendants it may set up that claim in its answer in the method provided by the Code.

Ordered accordingly.

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Truax, J.

I do not understand this motion. There cannot be two plaintiffs to an action, each appearing by a different attorney, and each setting up separate claims; but, under the prayer for other and further relief, the moving party may be made a party defendant, and the summons and complaint may be amended in that respect. If the moving party has a claim against one of the defendants it may set up that claim in its answer in the method provided by the Code.

Ordered accordingly.

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Bluebook (online)

61 Misc. 441, 115 N.Y.S. 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guardian-trust-co-v-straus-nysupct-1909.

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