Oneida County Bk. v. . Bonney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made September 15, 1885, which reversed an order of Special Term which vacated and set aside the service of summons herein on defendant Otis and dismissed the action. .This action was upon two drafts drawn upon and accepted by defendants’ firm and discounted by plaintiff.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made September 15, 1885, which reversed an order of Special Term which vacated and set aside the service of summons herein on defendant Otis and dismissed the action. .This action was upon two drafts drawn upon and accepted by defendants’ firm and discounted by plaintiff. The summons was served upon defendant Otis, who moved to set aside the service of the summons upon the ground that an action had previously been commenced on the same causes of action by service of summons oh defendant Arthur S.…
1Opinion of the CourtDanfokth, J.
The question upon this record, stated most favorably to the appellant, is whether the pendency of an action upon contract in the United States Circuit Court is good ground for setting aside the service of a summons issued in a court of this State to enforce the same cause of action. As to it the courts below have differed. We agree with the General Term. At common law the pendency of another suit for the same cause could, at most, only be pleaded in abatement; but where the former action is in a court of the United States, or a sister State, it is no stay or bar to a suit in the courts of…
2Cases cited5 opinions
- Mitchell v. BunchNew York Court of Chancery · 1831
- Walsh v. DurkinNew York Supreme Court · 1815
- Cook v. LitchfieldThe Superior Court of New York City · 1851
- Burrows v. Miller & MillerNew York Supreme Court · 1850
- Lane v. . SalterNew York Court of Appeals · 1872
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- Skolnick v. MartinIllinois Supreme Court · 1964
- General Investment Co. v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Sweetser v. FoxUtah Supreme Court · 1913
- International & Great Northern Railroad v. BartonCourt of Appeals of Texas · 1900
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