Lemon v. Smith

1 Citing case

  1. Van Tuyl v. Schwab

    172 App. Div. 670 (N.Y. App. Div. 1916)   Cited 2 times

    In none of these cases, however, was the deceased party a necessary party to the cause of action held to survive. The principle of the section was applied in the case of Lemon v. Smith ( 20 App. Div. 523). In that case the deceased party was held only to be a proper party and not a necessary party to the plaintiff's cause of action. If these fellow-stockholders be necessary parties to the cause of action against the other stockholders I cannot read in that section any authority to proceed without their representatives, providing such representatives be within the jurisdiction of the court.