Stuts v. O'Brien

Defendants O’Brien and Beaudry appeal from an order granting the motion of plaintiff Stuts to consolidate an action by Beaudry in New York County with two actions by Stuts in Kings County and directing that the trial be had in Kings County. Order modified on the law and the facts by inserting an additional paragraph providing that Beaudry shall open first and close last on the trial of the consolidated action. As so modified, the order is affirmed, with one bill of $10 costs and disbursements to appellants. On March 7, 1949, Stuts commenced two actions in Kings County for moneys loaned, by…