Hyperlawhypertext legal database Britton v. Bohde 92 N.Y. Sup. Ct. 449

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Britton v. Bohde

92 N.Y. Sup. Ct. 449 Court N.Y. Gen. Term English

Judges Brown, P. J., and Dyicman, J., concurred.

Delivered by Cullen, J.:

Contents

Majority

p. 449
Charles P. Britton, Plaintiff and Respondent, v. Angeline Bohde, Defendant and Respondent. New York Building Loan Banking Company, Appellant.

Headnote

Parties to an action at law — determined by the plaintiff.
In an action at law the plaintiff has the privilege of determining what parties he will proceed against, and othar parties cannot intrude themselves into the action against his will.
Appeal by the New York Building Loan Banking Company from an order of the City Court of Mt. Yernon, entered in the office of the clerk of the City Court of Mt. Yernon on the 10th day of January, 1895, denying its application to be made a party defendant herein.
Williami H Hamilton and Henry R. Richards, for the appellant.
Frank M. Buck, for the plaintiff, respondent.

This is an appeal from an order of the City Court of Mt. Yernon denying the application of the appellant to be made a defendant in the action.

p. 450
The action is to recover the sum of $800 alleged to be due from the defendant on account of a mortgage executed by the plaintiff to her. The appellant seeks to intervene on the ground that this sum of money really belongs to it. We think that this fact, if true, gave the appellant no right to intervene. If the -plaintiff is not the owner of the claim he will be defeated in this action. But even if he should wrongly succeed therein the appellant will nowise be injured. If it has a valid claim against the defendant it may sue for it and the recovery in this action will nowise liar its claim. This action is an action at law, and it is settled by authority that in such actions the plaintiff has the privilege of determining what parties he will proceed against, and that other parties cannot intrude themselves into the action against his will. (Chapman v. Forbes, 123 N. Y. 532 .)

The order apyiealed from should be affirmed, with ten dollars costs and disbursements.

Brown, P. J., and Dyicman, J., concurred.

Order affirmed, with ten dollars costs and disbursements.

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