Skeels v. Bodine
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred Skeels, from an order of the-Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of May, 1901, staying the plaintiff’s proceeding in the above-entitled action until the payment of $508.29, costs awarded to the. defendant, Peter Bo.dine and another, by a judgment in an action-in the county of New York, in which they were sued by the same-plaintiff.
1Opinion of the Court
Willaed Bartlett, J.:
It does not seem to me that the defendant made out a case for a stay of proceedings. The main purpose of the New York county action was to procure a reformation of the written contract between the parties. It is true that the complaint in that-suit also demanded a money judgment; hut the court, in refusing to reform the agreement, declined to pass upon this demand for pecuniary damages. Hr. Justice Kellogg expressly declared in his formal decision that he could not “ properly under present allegations of the complaint try issues which • might be formed under a complaint,…
2Cited by7 opinions
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- Ex parte MatthewsSupreme Court of Alabama · 1906
- Frances B. v. Robert B.New York Family Court · 1971
- Watkins v. Pacific Finance Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- Merchants' Credit Clearing House Ass'nAppellate Division of the Supreme Court of the State of New York · 1911
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