Cornell v. Bonsall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Seymour W. Bonsall, from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of .the clerk of the county of Westchester on the 23d day of October, 1916, denying his motion for judgment on the pleadings, consisting of a complaint and amended answer.
1Opinion of the Court
JENKS, P. J.:
The defendant Bonsall relies upon abatement by another action pending. The plaintiff contends, first, that a rule as stated in Westminster Church v. Presbytery of N. Y. (211 N. Y. 214, 219) is decisive, in that the court say, by the chief judge: “ As to the plea that another action is pending for the same cause, it appears that in the action thus mentioned the Trustees of the Presbytery are the plaintiffs while the Westminster Presbyterian Church of West Twenty-third Street is the defendant. To render such a plea available the other action must be one in which the present…
2Cases cited18 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Westminster Presbyterian Church of West Twentythird Street v. Trustees of PresbyteryNew York Court of Appeals · 1914
- Groshon v. LyonNew York Supreme Court · 1853
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
- Squier v. BarnesMassachusetts Supreme Judicial Court · 1906
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3Cited by13 opinions
- Corporate Investing Co. v. Mount Vernon Metal Products Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Edelman v. EdelmanNew York Supreme Court · 1976
- Kevorkian v. HarringtonNew York Supreme Court · 1993
- In re the Estate of GoldfarbNew York Surrogate's Court · 1959
- Bank of United States v. FrostCity of New York Municipal Court · 1932
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