National Exhibition Co. v. Crane
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Crane, as president of the Atlantic League of Professional Baseball Clubs, and .John M. Ward, as attorney for the defendant and personally, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of February, 1900, discontinuing the action upon a stipulation, without costs.
1Opinion of the Court
Hatch, J.:
This action was brought against the defendant in a representative capacity, to recover for money 'had and received to the plaintiff’s use. After issue was joined by the service of an answer, and the cause had been many times upon the calendar for trial, at which times the defendant had been ready for trial and present in court with his witnesses, the same was postponed, at the request of the plaintiff, until February 20, 1900, when it was peremptorily set for trial. Prior to this time the plaintiff had presented the stipulation of the defendant consenting to a discontinuance of the…
2Cases cited4 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Talcott v. Bronson & BronsonNew York Court of Chancery · 1834
- Power v. KentNew York Supreme Court · 1823
- Wormer v. CanovanNew York Supreme Court · 1872
3Cited by4 opinions
- People ex rel. Acritelli v. GroutAppellate Division of the Supreme Court of the State of New York · 1903
- Pomeranz v. MarcusAppellate Division of the Supreme Court of the State of New York · 1903
- Crossman v. SmithAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Acritelli v. GroutAppellate Division of the Supreme Court of the State of New York · 1903