The Superior Court of New York City May 28, 1859 (McCullough v. Colby)

By the Court—Bosworth, Ch. J.

This appeal should not be determined on the assumption that John L. Colby is not only not a necessary party, but that, the rights of the parties may be regarded as if he was not in fact a party.

Whether a necessary party or not, it is not denied that he is a proper party.