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8 Abb. Pr. 191

Gunther v. Greenfield

New York Supreme Court

Decided March 15, 1870

New York Supreme Court · decided 1870-03-15

Motion on the part of Samuel A. Sawyer, assignee of Thompson Greenfield, a bankrupt, to be made a party defendant in each of two actions brought against Greenfield,—one by Gunther and the other by Reder. These actions were brought to recover the possession of certain tobacco, alleged to have been wrongfully taken and converted by the defendant Greenfield.

Decided 1870-03-15

Ingraham, J.

¶1The assignee should show that he" has some right to the property in controversy. There is no good reason for making him a party to a pro-, tracted litigation solely because his principal was guilty of a conversion of property, or some similar act, without showing there is good reason for supposing he has some right to the property. ' I

¶2Motions in both cases are denied, with leave to renew upon other papers, and paying costs of this motion.'

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