Demuth v. Kemp
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jeanette Demuth, from an order of the'Supreme Court, made at the Kings County Special Term" and entered in the office of the clerk of the county of Kings on the 30th day of December, 1910, vacating and setting aside a judgment in favor of the plaintiff entered on the 14th day of May, 1902, upon an inquest taken on the 7th day of May, 1902.
1Opinion of the Court
Hirschberg, J.:
The order appealed from vacates an inquest taken in May, 1902, which resulted in a judgment in favor of the plaintiff for the sum of $41,324.63. The order is granted on the payment of the costs, with interest to date,- and the costs of the motion, the judgment to stand as security for such judgment as may result in favor- of the plaintiff on a new trial. The order cannot be upheld.' The judgment was entered on the abandonment by the defendant of whatever defense he may have had to the plaintiff’s claim, the abandonment being intentional, deliberate and in accordance with legal…
2Cases cited5 opinions
- Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
- Herbert Land Co. v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1906
- Sutter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Demuth v. KempAppellate Division of the Supreme Court of the State of New York · 1909
- Brearley School, Ltd. v. WardAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Walston & Co. v. KleinNew York Supreme Court · 1964
- Booraem v. GibbonsAppellate Division of the Supreme Court of the State of New York · 1942
- Demuth v. KempAppellate Division of the Supreme Court of the State of New York · 1911