In Oceanic Steam Navigation Co. v. Compania Transatlantica Espanola, 144 N.Y. 663, 665, the rule is thus stated: "It is sufficient that the party against whom ultimate liability is claimed is fully and fairly informed of the claim, and that the action is pending, with full opportunity to defend or to participate in the defence.Summary of this case from Washington Gas Co. v. Dist. of Columbia
Argued December 17, 1894
Decided January 15, 1895
Cephas Brainerd for appellant.
Everett P. Wheeler for respondent.
O'BRIEN, J., reads for affirmance; GRAY, J., concurs; ANDREWS, Ch. J., and PECKHAM, J., concur in result; BARTLETT, J., reads for reversal; FINCH, J., concurs; HAIGHT, J., not sitting.