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Trotter v. Lisman

139 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1913-01-03 English

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p. 1148
TROTTER v. LISMAN et al.
(Supreme Court, Appellate Division, First Department.
January 3, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Walter F. Trotter, as receiver, against Frederick J. Lisman and others. From a judgment sustaining the demurrer interposed by the Iron Railway Company, and dismissing the complaint, plaintiff appeals. Reversed, and demurrer overruled. See, also, 131 App. Div. 932 , 116 N. Y. Supp. 1149 . Hugh A. Bayne, of New York City, for appellant. George Welwood Murray, of New York City, for respondent.

Judgment appealed from must be reversed, with costs, and the demurrer overruled, with costs, with leave to the defendant to withdraw the demurrer and to answer, on payment of costs in this court and in the court below, on the ground that the demurring defendant is a proper, although perhaps not a necessary, party to the action.