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Blythe v. Larity

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1915
169 App. Div. 965 (N.Y. App. Div. 1915)

Opinion

June, 1915.


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. Jenks, P.J., Thomas, Stapleton, Mills and Putnam, JJ., concurred.


Summaries of

Blythe v. Larity

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1915
169 App. Div. 965 (N.Y. App. Div. 1915)
Case details for

Blythe v. Larity

Case Details

Full title:Harry T. Blythe, Appellant, v. Jennie L. Larity and Thomas E. Larity…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1915

Citations

169 App. Div. 965 (N.Y. App. Div. 1915)