Yellow Pine Co. v. Lehigh Valley Creosoting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lehigh Valley Creosoting Company, 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 23d day of March, 1898, granting the plaintiff’s motion for leave to discontinue the action upon payment of costs.
1Opinion of the Court
Willard Bartlett, J.:
It is perfectly plain that the discontinuance of this action is sought , in order to strengthen the position of the plaintiff in reference to-the subject-matter of the defendant’s counterclaim. The plaintiff wanted to plead the Statute of Frauds as a barrier to the counterclaim, and asked for leave to amend the reply accordingly. This having been denied at the Special Term, -on- the ground that the proposed amendment of the reply would be. inconsistent with the-allegations of the complaint, the plaintiff has asked and received the leave of the court below to discontinue…
2Cases cited1 opinion
- Winans v. . WinansNew York Court of Appeals · 1891
3Cited by6 opinions
- Walsh v. WalshAppellate Division of the Supreme Court of the State of New York · 1898
- Janssen v. WhitlockAppellate Division of the Supreme Court of the State of New York · 1901
- Walsh v. WalshAppellate Division of the Supreme Court of the State of New York · 1898
- Janssen v. WhitlockAppellate Division of the Supreme Court of the State of New York · 1901
- Wanamaker v. MegrawNew York Supreme Court · 1899
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