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Murray v. General Mutual Insurance

9 N.Y. Super. Ct. 607 2 Duer 607 Court N.Y. Super. Ct. Decision date 1853-04-28 English

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p. 607
Murray v. General Mutual Insurance Company.

Headnote

When a plaintiff transfers his interest after the commencement of the suit, it rests entirely in the discretion of the court, whether the assignee shall be substituted as plaintiff, under § 121 of the Code.
p. 608
(April 28, 1853.)
Ho such order of substitution will be made, unless special circumstances are shown to satisfy the court of its propriety or necessity; and, in all cases, it will be made a condition, that the original plaintiff the assignor, shall not be examined as a witness on behalf of the assignee.

These points were so ruled by Mr. Justice Dues, at special term, after consultation with all the judges, and with their concurrence.