Tamisier v. Cassard

Decided December 15, 1863

New York Supreme Court · decided 1863-12-15

This action was brought by Alfred Tamisier against Carolina Cassard and Andres Cassard, upon a promissory note for $263.81. The complaint alleged that it was indorsed by the payee to the plaintiff, and that he was the lawful owner and holder. The defendants answered, denying that the plaintiff was the owner and holder of the note, and averring that one Victor Giraudy was the real owner and holder thereof, and the real party in interest.

Cited by 1 later decisions — most recently December 1877

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-12-15

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Leonard, J.

¶1—The Code directs that actions shall be prosecuted in the name of the real party in interest. (§ 111.)

¶2The answer here alleges that one Victor Giraudy is the real party in interest in this action.

¶3The plaintiff now moves for judgment, on account of the frivolousness of the answer.

¶4The section above referred to makes it necessary that the' plaintiff should be the real party in' interest.

¶5I cannot consider such an issue as frivolous. The plain direction of the Code must be disregarded, before the issue can be considered immaterial.

¶6The motion is denied, without costs.