213 P.2d 834 | Colo. | 1949
delivered the opinion of the court.
There is involved the right of plaintiffs in error to intervene in a case pending in the Denver district court, wherein defendant in error George is plaintiff, and defendants in error the Colorado Milling and Elevator Company, the International Trust Company, Dower, and many other individuals, are defendants, and in which, sufficiently stated for purposes here, plaintiff seeks recovery against all defendants, except the International Trust Company, in a sum exceeding six hundred thousand dollars. The claim is for commission allegedly earned by plaintiff in making sale of the corporate stock of the Colorado Milling and Elevator Company, and for other services rendered by him in connection therewith, which he alleges he accomplished pursuant to employment to that end by competent au
The complaint in the main case was filed June 29, 1944, and defendants filed answers and counterclaims July 15, 1945. By order in the case made October 20, 1947, trial was set to begin January 20, 1948. December 27, 1947, plaintiffs in error, invoking Rule 24(a), Colorado Rules of Civil Procedure, filed motions to be permitted to intervene in the action, based on petitions attached to the motions. January 2, 1948, plaintiff George filed answers to the petitions for intervention, and on the same day trial was had on the question of the right of plaintiffs in error to enjoy intervention in the case. The trial judge ruled adversely thereto, saying, inter alia, that, “As I understand the rather involved situation here the intervenors’ rights to compensation are dependent entirely upon the recovery by the plaintiff George. The plaintiff in this case is represented by able counsel, and he and his counsel will strive to their utmost to recover the largest amount of judgment possible under the evidence.
“Up to very recently, apparently the intervenors have been entirely satisfied to allow the case to be prosecuted by counsel who have been in the case for a long time and to watch the proceedings from the side-line, with full knowledge of the fact that the larger the amount of plaintiff’s judgment the better off the intervenors would be. Very recently, however, * * * the intervenors have become suspicious that plaintiff, if he does recover judgment, may' not recognize their claims to share in the judgment. For that reason the intervenors, in order to protect themselves, want to get in the case and present' their claims against plaintiff and to their share
“For the reasons stated, the motions of the intervenors to intervene are denied.”
Before proceeding further with the inquiry, we pause to note that while plaintiff George and all defendants in the principal action are made defendants in error here, only George has come to grips with plaintiffs in error. Other defendants in error emphasize, generally, that they are not obligated to George or plaintiffs in error.
In addition to the fact that plaintiffs in error delayed until the eve of the trial date of the main action to file applications to intervene, which, in itself, as we think, justified the trial court’s order of denial, we are persuaded that on the merits of the applications, the court proceeded in full light, and adjudged with understanding. Interveners do not allege, nor does it appear
It does not appear that interveners were parties to the alleged contract between plaintiff and defendants upon which right of recovery in the action proper is premised; nor does it appear that defendants were apprised of the existence of the alleged contract between plaintiff and interveners, which is the basis of interveners’ claim against plaintiff. In brief, privity between interveners
On the whole inquiry, the liberal provisions of Rule 24 (a), not overlooked, we think plaintiff is entitled to proceed in the prosecution of his action as advised, aided and guided by counsel of his choosing, and while so engaged should not be bothered by parties and their counsel on an independent claim by them against him.
Let the judgment be affirmed.
Mr. Justice Jackson does not participate.