Legal Opinion

Harris v. Elliott

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1897PublishedCited by 8 opinions

Appeal by the defendants, George Elliott and another, as executors, etc., of John Elliott, deceased, and others, from, an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 5th day of May, 1897, denying a motion for an order requiring the plaintiff to pay to such defendants, or tlieir attorneys, a certain sum of money. . ■

1Opinion of the Court

Per Curiam :

■ This is simply an application to the court to enforce, summarily, •compliance by the plaintiff with the unperformed part of a stipulation, entitled and made in this action between the parties thereto, and providing for a settlement and compromise of the matters in controversy between them. The plaintiff agreed to pay to- the moving party $8,077.96, and in so doing was to be entitled to have the action discontinued or a decree entered, without costs. He has paid $5,000 on account of this settlement and adjustment, but refuses to pay the balance, alleging that he is entitled to…

2Cited by8 opinions

  1. Pilkington v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  2. Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1898
  3. Jacobs v. Niagara Cab Co.New York Supreme Court · 1938
  4. Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1898
  5. Thomasson v. LatouretteAppellate Division of the Supreme Court of the State of New York · 1901

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