Arthur v. Griswold

Decided December 15, 1874

New York Supreme Court · decided 1874-12-15

William Arthur brought this action in this court against John A. Griswold, and others, as trustees of The Iron Mountains Company, of Lake Champlain, for alleged fraud in inducing plaintiff to make loans, amounting to the sum of forty-five thousand dollars, to said company, as well as on their liability as such trustees, for filing a false report, &c. After a trial and judgment in favor of the plaintiff, . the defendant, John A. Griswold, died, pending an appeal, and his…

Cited by 1 later decisions — most recently March 1887

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Decided 1874-12-15

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¶1By the Court.*—

Tapper, J.

¶2—[After stating the facts.]—The action did not abate as to Griswold, and sounding in tort, it survives against his representatives (2 Rev. Stat., 448 ; Haight v. Hayt, 19 N. Y, 464).

¶3Inasmuch as the surviving defendants, who are principals, may not be joined in an action of this nature with the representatives of the deceased Griswold, the proper practice seems to be, to move for a severance of the action (The Union Bank v. Mott, 27 N. Y., 633).

¶4At all events, these representatives having voluntarily come into the action, and having obtained judgment in their favor, directing a new trial, the court will not now, on their application, vacate the order of substitution, which they obtained.

¶5The order of special term, vacating the order of substitution, should be reversed, with ten dollars costs.