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DONOVAN v. ATLAS CORPORATION

Appellate Division of the Supreme Court of New York, First Department.
Nov 27, 1936
Judgment
Subsequent
References
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Case Information
CITATION CODES
citation codes
Attorney(S)

Alfred J. Talley of counsel [ James A. McKaigney, George D. Hornstein and Abraham Hornstein with him on the brief; Talley Lamb, attorneys], for the plaintiff-appellant and petitioner-appellant. Leonard P. Moore, Whitney North Seymour, Abraham Shamos and Thomas F. Daly of counsel [ David S. Hecht and John T. Lorch with them on the brief; Chadbourne, Stanchfield Levy, attorneys; Frederick B. Lee with them on the brief; Simpson, Thacher Bartlett, attorneys; Guggenheimer Untermyer, attorneys, and Lord, Day Lord, attorneys], for the defendants-respondents.

JUDGES

PER CURIAM.

ACTS

No Acts

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Important Paras
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PER CURIAM.

We are of opinion that under all the facts and circumstances disclosed the trial court should have granted the motion for leave to intervene. Thus the entire ownership and interest in the shares would be before the court and a determination of the issues on the merits could be had, thereby avoiding further delay and a multiplicity of suits.

Accordingly the judgment and the order should be reversed, with costs to the appellants, the motion for leave to intervene granted, and the pleadings amended accordingly.

PER CURIAM.

Judgment and order unanimously reversed, with costs to the appellants, the motion for leave to intervene granted, and the pleadings amended accordingly.

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