Nichols v. Smith

171 A.D. 890 | N.Y. App. Div. | 1915

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, that the order bringing in the committee of Emma Smith, an incompetent person, and the administratrix of the estate of Loren D. Smith, deceased, as parties plaintiff with Addie L. Nichols individually, was unauthorized, said proposed parties plaintiff not being united in interest in the subject of the action. All concurred, except Kruse, P. J., who dissented and voted for affirmance.