Avery v. Avery
New York Supreme Court
Motion by the plaintiff for leave to discontinue the action as-against the defendants Clinton E. Avery and Clayton D. Avery, and for an order allowing this action to be continued against the other defendants, by the plaintiff’s attorney, for the recovery of his costs under his statutory lien therefor.
1Opinion of the CourtWeight, J.
This action was brought for the foreclosure of & mortgage, on which the complaint alleges sixty-five dollars was due as interest, which the verified answer denies. From the plaintiff’s papers it appears that before the answer was served, the defendant Charles Avery, in an interview with the plaintiff, •stated to him that he had paid the costs of the action to the plaintiff’s attorney, Mr. Irving Gr. Flubbs, and that said attorney had written a letter to him, the plaintiff, stating that fact, and requesting the plaintiff to sign a stipulation discontinuing and .settling the action, and he also…
2Cases cited3 opinions
- Wehle v. . ConnerNew York Court of Appeals · 1880
- Washburn v. MottNew York Circuit Court · 1890
- Pitcher v. RobertsonNew York Supreme Court · 1892