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Van Dyke v. Gardner

City Court of New York, General Term
Oct 1, 1897
21 Misc. 542 (N.Y. City Ct. 1897)

Summary

In Van Dyke v. Gardner (21 Misc. 542) a per curiam opinion said: "Under the issues framed by the pleadings, defendant could not show that the plaintiff was not the real party in interest, as he failed to allege facts necessary to raise such an issue."

Summary of this case from Willey v. Cameron, Michel Co., Inc.

Opinion

October, 1897.

Henry M. Heymann, for appellant.

George Bell, for respondent.


Under the issues framed by the pleadings defendant could not show that the plaintiff was not the real party in interest, as he failed to allege the facts necessary to raise such an issue.

The mere legal conclusion "that plaintiff was not the real or proper party in interest" pleaded by him was not sufficient. No error being discovered, judgment affirmed, with costs.

Present: FITZSIMONS, CONLAN and SCHUCHMAN, JJ.

Judgment affirmed, with costs.


Summaries of

Van Dyke v. Gardner

City Court of New York, General Term
Oct 1, 1897
21 Misc. 542 (N.Y. City Ct. 1897)

In Van Dyke v. Gardner (21 Misc. 542) a per curiam opinion said: "Under the issues framed by the pleadings, defendant could not show that the plaintiff was not the real party in interest, as he failed to allege facts necessary to raise such an issue."

Summary of this case from Willey v. Cameron, Michel Co., Inc.
Case details for

Van Dyke v. Gardner

Case Details

Full title:ALBERT VAN DYKE, Respondent, v . JOHN M. GARDNER, Appellant

Court:City Court of New York, General Term

Date published: Oct 1, 1897

Citations

21 Misc. 542 (N.Y. City Ct. 1897)
47 N.Y.S. 710

Citing Cases

Willey v. Cameron, Michel Co., Inc.

" In Van Dyke v. Gardner ( 21 Misc. 542) a per curiam opinion said: "Under the issues framed by the…