Summary
In Lensch v. Boushell Carrier Co., D.C., 1 F.R.D. 200, it was said that defendant may bring in third party who is or may be liable either to original plaintiff or original defendant, under Rule 14, which is broader than the New York rule which merely allows third party liable over to be brought in.
Summary of this case from Atlantic C. Line R. Co. v. U.S. F. Guaranty Co.Opinion
Action by Ernest J. Lensch against Boushell Carrier Company, Incorporated, defendant and third party plaintiff, against Julius Casari and another, trading as C. & S. Coal & Supply Company, third party defendants. On motion by the third party defendants to vacate an order.
Motion denied.
Nicholas D. Lamorte, of New York City, for plaintiff.
Joseph Strauss, of New York City, for third party plaintiff.
Harold J. Robbins, of New York City, for defendants Casari and Steneck.
COXE, District Judge.
Under Rule 14 of the Federal Rules, 28 U.S.C.A. following section 723c, a defendant may bring in a third party who ‘ is or may be liable’ either to the original defendant or to the original plaintiff. This is quite different from Section 193, subdiv. 2 of the New York Civil Practice Act, which merely allows a defendants to bring in a third party against whom there is a liability over. Fox v. Western New York Motor Lines, Inc., 257 N.Y. 305, 178 N.E. 289, 78 A.L.R. 578.Rule 14 is clear in its language, and plainly covers the present case. I think, therefore, that the order of January 11, 1940, was proper.
The motion of the third party defendants to vacate the order of January 11, 1940, is denied.