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Guardian Trust Co. v. Straus

The Guardian Trust Company of New York v. Rose W. Straus, Individually, Etc., and as of the Will of Louis Straus

Guardian Trust Co. v. Straus, 61 Misc. 441 (N.Y. Sup. Ct. 1909)
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Court
New York Supreme Court · State Trial Courts
Decided
December 15, 1909
Judges
Truax
Citations
61 Misc. 441115 N.Y.S. 247
Headnotes
Appearance — Authority or right to appear — In general — Appearance of two plaintiffs by different attorneys. Parties — Bringing in new parties — New plaintiff appearing by different attorney. There cannot be two plaintiffs to an action, each appearing by a different attorney and setting up separate claims.
Summary
Motion by a person not a party to the action to he brought in and to be made a party plaintiff.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Truax

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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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1932: 119322026peak 1932 · 1

Relies on it most ⓘ

  1. Monticello Building Corp. v. Monticello Investment Co.52 S.W.2d 545 (Mo. 1932)

Most recent

  1. Monticello Building Corp. v. Monticello Investment Co.52 S.W.2d 545 (Mo. 1932)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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