Nichols v. Smith

Appellate Division of the Supreme Court of New York

Nichols v. Smith

171 A.D. 890

Procedural entryThis page is a short order in Nichols v. Smith. Read the opinion of the Court — 164 A.D. 304 →

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1915·Published

Opinion

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, that the order bringing in the committee of Emma Smith, an incompetent person, and the administratrix of the estate of Loren D. Smith, deceased, as parties plaintiff with Addie L. Nichols individually, was unauthorized, said proposed parties plaintiff not being united in interest in the subject of the action. All concurred, except Kruse, P. J., who dissented and voted for affirmance.

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Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, that the order bringing in the committee of Emma Smith, an incompetent person, and the administratrix of the estate of Loren D. Smith, deceased, as parties plaintiff with Addie L. Nichols individually, was unauthorized, said proposed parties plaintiff not being united in interest in the subject of the action. All concurred, except Kruse, P. J., who dissented and voted for affirmance.

Nichols v. Smith, 171 A.D. 890 (N.Y. Ct. App. 1915).

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