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Eilert v. Gordon

121 N.Y.S. 604 Court N.Y. App. Term Decision date 1910-03-10 English

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p. 604
EILERT v. GORDON.
(Supreme Court, Appellate Term.
March 10, 1910.)

Headnote

Parties (§ 6[1] )—Persons Who may Sue—“Real Party in Interest.
Under Code Civ. Proc. § 449, permitting actions to be prosecuted in the name of the “real party in interest,” a publisher of a periodical owned by an unincorporated association having thousands of members was authorized to sue for printing an advertisement under a contract in the form of a written authority on a printed blank addressed to “the publishers” of such periodical.
[Ed. Note.—For other cases, see Parties, Cent. Dig. §§ 6-S; Dec. Dig. § 6.[1]
For other definitions, see Words and Phrases, vol. 7, pp. 5938, 5939: vol. 8, p. 7779.]
Appeal from Municipal Court, Borough of Manhattan, Seventh District.
Action by Ernest F. Eilert against W. Lindsey Gordon. From a judgment for plaintiff, defendant appeals.
Affirmed.
Argued before SEABURY, GUY, and WHITNEY, JJ.
Isaac N. Miller, for appellant.
Meisel & Bolles, for respondent.

Plaintiff is the publisher of the Luther League Review. Defendant advertised therein. The contract was in the form of written authority, on a printed blank addressed to “the publishers of the Luther League Review,” accepted by printing the advertisement. The Review is owned by the "Luther League, an unincorporated re

p. 605
ligious association said to have 80,000 members. We think that plaintiff was authorized to sue under Code Civ. Proc. § 449; Considerant v. Brisbane, 22 N. Y. 389 , 395; Albany & Rensselaer Co. v. Lundberg, 121 U. S. 451 , 453, 7 Sup. Ct. 958 , 30 L. Ed. 982 .

The judgment is affirmed, with costs.

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