Bartholomay Brewing Co. v. Haley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Bartholoinay Brewing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 25th day of November, 1896, upon the decision of the court rendered after a trial at the Monroe Trial Term before the court without a jury, dismissing the complaint “ on the ground that at the time of the commencement of this action there was pending another action in the Supreme Court of…
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Appeal by the plaintiff, the Bartholoinay Brewing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 25th day of November, 1896, upon the decision of the court rendered after a trial at the Monroe Trial Term before the court without a jury, dismissing the complaint “ on the ground that at the time of the commencement of this action there was pending another action in the Supreme Court of this State, brought by the defendant against the- plaintiff, in which the same issues are involved, as are involved in…
1Opinion of the Court
Hardin, P. J.:
In this action it is alleged in the complaint “ that heretofore on or about the 24th day of April, 1895, and at divers times between that date and the 24th day of March, 1896, at the said city of Rochester, N. Y., and upon a term of credit of 30 days (at the expiration' of which said term of credit it was understood and agreed that interest should begin to accrue) and at the special instance and request of the defendant, the plaintiff . sold and delivered to the defendant certain goods,' wares and merchandise consisting of beer, invoices of which have been duly rendered to the *486de…
2Cases cited10 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Perry v. . DickersonNew York Court of Appeals · 1881
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Dawley v. . BrownNew York Court of Appeals · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- National Fire Insurance v. HughesNew York Court of Appeals · 1907
- Crandall v. ItenWashington Supreme Court · 1924
- State ex rel. Green Mountain Lumber Co. v. Superior CourtWashington Supreme Court · 1927
- Tyler v. Standard Wine Co.New York Supreme Court · 1907
- Notara v. De KamalarisAppellate Terms of the Supreme Court of New York · 1898
1 more not listed; retrieve them via the Exa API.