President & Directors of Manhattan Co. v. City of New York

Appellate Division of the Supreme Court of New York

President & Directors of Manhattan Co. v. City of New York

242 A.D. 697

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

DecidedJuly 15, 1934

StatusPublished

This text of 242 A.D. 697 (President & Directors of Manhattan Co. v. City of New York) 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.

Bluebook

President & Directors of Manhattan Co. v. City of New York, 242 A.D. 697 (N.Y. Ct. App. 1934).

Pincite

Opinion

Order reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. The surety seeking to become a party had an interest in the subject-matter, possibly contingent, but based on an equitable lien on the funds in the hands of the comptroller of the city not paid on the original contract. (Scarsdale Nat. B. & T. Co. v. U. S. F. & G. Co., 264 N. Y. 159.) If in the course of the action it should be held that such funds have not been properly disbursed by the city, then they would need to be restored and the lien would be revived. Even if we were to hold that the appellant was not entitled to be joined as a party as a matter of right, it should be brought in as an exercise of discretion to the end that the controversy should be settled as to all parties in a single action. Lazansky, P. J., Carswell, Tompkins and,Davis, JJ., concur; Kapper, J., concurs in result.

Free access — add to your briefcase to read the full text and ask questions with AI

Order reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. The surety seeking to become a party had an interest in the subject-matter, possibly contingent, but based on an equitable lien on the funds in the hands of the comptroller of the city not paid on the original contract. (Scarsdale Nat. B. & T. Co. v. U. S. F. & G. Co., 264 N. Y. 159.) If in the course of the action it should be held that such funds have not been properly disbursed by the city, then they would need to be restored and the lien would be revived. Even if we were to hold that the appellant was not entitled to be joined as a party as a matter of right, it should be brought in as an exercise of discretion to the end that the controversy should be settled as to all parties in a single action. Lazansky, P. J., Carswell, Tompkins and,Davis, JJ., concur; Kapper, J., concurs in result.

Cite This Page — Counsel Stack

Bluebook (online)

242 A.D. 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/president-directors-of-manhattan-co-v-city-of-new-york-nyappdiv-1934.

Opinion

Related

Cite This Page — Counsel Stack