Liftchild v. Smith
The Superior Court of New York City
This was a motion to compel the defendant to discontinue an action brought by him in another court, since the commencement of this, for a part of the price unpaid of the subject of the action in this case, (which is brought for fraud in the sale thereof,) or to stay proceedings therein until the determination of this action.
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This was a motion to compel the defendant to discontinue an action brought by him in another court, since the commencement of this, for a part of the price unpaid of the subject of the action in this case, (which is brought for fraud in the sale thereof,) or to stay proceedings therein until the determination of this action. This action was commenced on the 8th of 'November, 1867, to recover damages for a “ false and fraudulent warranty and representation,” made by the defendant to the plaintiffs, whereby the plaintiffs were induced to purchase a butcher’s shop, its contents, and a horse,…
1Opinion of the CourtJones, J.
I know of no principle, nor have I been able to find any authority, to support this motion. I have no power to stay the proceedings in the district court, and compel the defendant to rely on his answer in this action, or authority by an order in this suit, to stay the defendant’s proceedings in another court. Bor can I deprive him of his right to select his own tribunal for the trial of the cause of action which he claims to have against the plaintiffs.
All the cases cited by the plaintiffs’ counsel have been examined by me, and none of them are authority for such a motion as this. The cases…
2Cases cited2 opinions
- Auburn City Bank v. LeonardNew York Supreme Court · 1860
- Hammond v. BakerThe Superior Court of New York City · 1851