Bartholomay Brewing Co. v. Haley
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Monroe county. Action by the Bartholomay Brewing Company against Austin Haley. On a trial by the court, a jury having been waived, the complaint was dismissed “on the ground that at the time of the commencement of this action there was pending another action in the supreme court of this state, brought by the defendant against the plaintiff, in which the same issues are involved as in this action.” From the judgment of dismissal, plaintifl appeals.
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Appeal from trial term, Monroe county. Action by the Bartholomay Brewing Company against Austin Haley. On a trial by the court, a jury having been waived, the complaint was dismissed “on the ground that at the time of the commencement of this action there was pending another action in the supreme court of this state, brought by the defendant against the plaintiff, in which the same issues are involved as in this action.” From the judgment of dismissal, plaintifl appeals. Affirmed. The opinion of Mr. Justice Davy at trial term is as follows: “This action is brought to recover the balance of…
1Opinion of the CourtHardin, P. J.
In this action it is alleged in the complaint:
“That heretofore, on or about the 24th day of April, 1895, and at divers times between that date and the 24th day of March, 1896, at the said city of Rochester, N. Y„ and upon a term of credit of 30 days (at the expiration of which said term of credit it was understood and agreed that interest" should begin to accrue) and at the special instance and request of the defendant, the plaintiff sold and delivered to the defendant certain goods, wares, and merchandise, consisting of beer, invoices of which have been rendered to the defendant by the…
2Cases cited5 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Groshon v. LyonNew York Supreme Court · 1853
- Rogers v. KingNew York Court of Chancery · 1840
- Porter v. . KingsburyNew York Court of Appeals · 1879
- Auburn City Bank v. LeonardNew York Supreme Court · 1860
3Cited by3 opinions
- Crandall v. ItenWashington Supreme Court · 1924
- State ex rel. Green Mountain Lumber Co. v. Superior CourtWashington Supreme Court · 1927
- State Ex Rel. G.M. Lum. Co. v. Sup'r Ct.Washington Supreme Court · 1927