Hyperlawhypertext legal database Nichols v. Smith 155 N.Y.S. 1127

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Nichols v. Smith

155 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1915-10-20 English

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p. 1127
NICHOLS, Respondent, v. SMITH, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 20, 1915.)

Headnote

Action by Addie L. Nichols against Libbie D. Smith, individually, etc.

Order reversed, with $10 costs and disbursements, and motion denied with $10 costs. Held, that the order bringing in the committee of Emma Smith, an incompetent person, and the administratrix of the estate of Loren D. Smith, deceased, as parties plaintiff with Addie L. Nichols individually, was unauthorized; said proposed parties plaintiff not being united in interest in the subject of the action. See, also, 164 App. Div. 304 , 150 N. Y. Supp. 410 .

KRUSE, P. J., dissents, and votes for affirmance.

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