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Blythe v. Larity

153 N.Y.S. 1106 Court N.Y. App. Div. Decision date 1915-06-17 English

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p. 1106
BLYTHE v. LARITY et al.
(Supreme Court, Appellate Division, Second Department.
June 17, 1915.)

Headnote

Action by Harry T. Blythe against Jennie L. Larity and others.

While the complaint does not authorize the relief asked against Northrip, yet he was invested with a power in trust to determine to whom the assignors should convey. He seems to have some beneficial interest in the execution of the power. Moreover, he has a right to insist that the conveyance shall not be made until he shall have been paid. Hence he is a proper party defendant, and the complaint should not be dismissed as to him. The order is modified accordingly, and, -as modified, affirmed, without costs here or below.