Treadwell v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William A. Clark and others, from an order of the Supreme Court, made at the ¡New York Special Term, hearing date the 15th day of December, 1904, and entered in the office of the clerk of the county of ¡New York, denying the said defendants’ motion for leave to renew a motion to be allowed to amend their answers, and also an appeal by the same defendants, except Henry G-. Atwater, from a judgment of the Supreme Court in favor of the plaintiff,…
Read the full summary
Appeal by the defendants, William A. Clark and others, from an order of the Supreme Court, made at the ¡New York Special Term, hearing date the 15th day of December, 1904, and entered in the office of the clerk of the county of ¡New York, denying the said defendants’ motion for leave to renew a motion to be allowed to amend their answers, and also an appeal by the same defendants, except Henry G-. Atwater, from a judgment of the Supreme Court in favor of the plaintiff, bearing date the 16th day of ¡February, 1905, and entered in said clerk’s office, upon the decision of the court rendered…
1Opinion of the Court
Laughlin, J.:, Issue was joined in this action on the 5th day of December, 1899. The first trial was in the month of June, 1901, and at the close of the plaintiff’s case judgment was directed dismissing the complaint on the ground of laches. The judgment was reversed by this court in June, 1902. (Treadwell v. Clark, 73 App. Div. 473.) The second trial was commenced on the 20tli day of December, 1904. The motion to renew the motion to amend the answer was made after the case was placed on the day calendar for the second trial. Without stopping to consider the objections that the appellants…
2Cases cited11 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Stearns v. MarshNew York Supreme Court · 1847
- Covill v. Hill & SanfordNew York Supreme Court · 1847
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Avis Rent-A-Car System, Inc. v. Harrison Motor Co.District Court of Appeal of Florida · 1963
- Mitchell v. PorterCalifornia Court of Appeal · 1932
- Smith v. Staten Island Land Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Treadwell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1908
- Smith v. CraigAppellate Division of the Supreme Court of the State of New York · 1912