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

New York Supreme Court1909-12
61 Misc. 441

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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.