New York Supreme Court, 1909

Guardian Trust Co. v. Straus

Guardian Trust Co. v. Straus
New York Supreme Court · Decided December 15, 1909 · Truax
61 Misc. 441; 115 N.Y.S. 247

Counsel

Steele, Otis & Hall, for plaintiff., Ellison, MacIntyre & Davis, for defendant.

Guardian Trust Co. v. Straus

Opinion of the Court

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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