National Exhibition Co. v. Crane
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, made October 19, 1900, which reversed an order of Special Term discontinuing the action upon stipulation, without costs. The plaintiff, a foreign corporation, brought this action against the defendant, as president of an unincorporated association, to recover a certain sum as money had and received. The answer alleged several defenses, but no counterclaim.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, made October 19, 1900, which reversed an order of Special Term discontinuing the action upon stipulation, without costs. The plaintiff, a foreign corporation, brought this action against the defendant, as president of an unincorporated association, to recover a certain sum as money had and received. The answer alleged several defenses, but no counterclaim. In due course of procedure the cause was reached for trial upon the day calendar, and was adjourned a number of times at…
1Per curiam
The following question has been certified to us by the Appellate Division for decision, viz.: “ Where it appears that, after issue joined in an action at law in which no counterclaim is interposed, the defendant, after the cause is on the calendar and noticed for trial, without the knowledge or consent of his attorney; without paying or providing for the payment of his costs, and for the [lurpose of depriving him of his costs, stipulates with the plaintiff that the action may be discontinued, without costs, is the Supreme Court vested with discretionary power to impose the payment of costs to…
2Cases cited10 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Pulver v. . HarrisNew York Court of Appeals · 1873
- Talcott v. Bronson & BronsonNew York Court of Chancery · 1834
- Eberhardt v. SchusterNew York Supreme Court · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Miedreich v. RankIndiana Court of Appeals · 1907
- People ex rel. Acritelli v. GroutAppellate Division of the Supreme Court of the State of New York · 1903
- Ekelman v. MaranoNew York Court of Appeals · 1929
- Frear v. LewisAppellate Division of the Supreme Court of the State of New York · 1922
27 more not listed; retrieve them via the Exa API.