Wright v. Chase
New York Supreme Court
Appeal from Chautauqua county court. Action by Augustine Wright against George W. Chase. From an order denying a motion to continue the action in the name of the administratrix of defendant, who died during the pendency of the action, plaintiff appeals. Affirmed.
1Opinion of the CourtDwight, P. J.
The motion was denied on the ground of laches. The action, which was a common-law action on contract, was commenced in September, 1888. The answer pleaded a denial and a counterclaim, and issue was finally joined by the service of a reply in November, 1888. It was noticed for trial by both parties for the term of the court held in the following February, and was on the calendar of that term, but went over by consent. From that time no step in the action was taken by either party until more than a year after the death of the defendant, which occurred in October, 1890; and in November of the…
2Cases cited5 opinions
- Coit v. . Campbell, Etc.New York Court of Appeals · 1880
- Lyon v. . ParkNew York Court of Appeals · 1888
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Wavel v. . WilesNew York Court of Appeals · 1862
- Tucker v. PfauNew York Supreme Court · 1893
3Cited by4 opinions
- Monroe v. WhiteAppellate Division of the Supreme Court of the State of New York · 1898
- Markell v. NesterAppellate Division of the Supreme Court of the State of New York · 1898
- Carpenter v. MilesNew York Supreme Court · 1895
- Markell v. NesterAppellate Division of the Supreme Court of the State of New York · 1898