Hyperlawhypertext legal database Knickerbocker Trust Co. v. Oneonta, C. & R. S. Ry. Co. 102 N.Y.S. 1139

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Knickerbocker Trust Co. v. Oneonta, C. & R. S. Ry. Co.

102 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1907-01-09 English

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p. 1139
KNICKERBOCKER TRUST CO. v. ONEONTA, C. & R. S. RY. CO. et al.
(Supreme Court, Appellate Division, Third Department.
January 9, 1907.)

Headnote

Action by the Knickerbocker Trust Company, as trustee, against the Oneonta, Cooperstown & Richfield Springs Railway Company.

No opinion. Motion for leave to go to the Court of Appeals granted. and questions certified as follows: First. May a defendant without the service of an answer by himself require a determination of the ultimate rights of himself and a codefendant as between themselves on an answer demanding such determination served on him by such codefendant? Second. Did the Special Term, under the pleadings and proof herein, properly render a judgment determining as between the defendants the ownership of the bonds?