Citation Numbers: 188 Misc. 665
Judges: Johnson
Filed Date: 2/10/1947
Status: Precedential
Modified Date: 1/12/2023
Plaintiff sues his wife’s parents, and others, alleging a partnership; the parents pleaded facts showing that he was the agent for their daughter, his wife, saying in effect that he was not the real party in interest. On his motion these allegations were struck out; he denied that his wife has any legal or equitable interest in his share of the partnership. She now moves to be joined as defendant so she may have her claim thereto sustained. In the present state of the pleadings plaintiff cannot be made to account to her, and in view of his apparent lack of financial responsibility her alleged rights may be lost if she does not sue separately or intervene. In such equity actions the alleged real party in interest ought to be joined, even though not within subdivision 1 of section 193-b of the Civil Practice Act; subdivision 2 thereof seems