Nichols v. Williams
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Daniel P. Nichols and others against Richard H. Williams. From a judgment of the Municipal Court for defendant on his counterclaim, and dismissing the complaint, plaintiffs appeal. Reversed.
1Opinion of the CourtGildersleeve, J.
When the case came on for trial, and at the opening thereof, the plaintiffs made a motion to discontinue the action upon payment of costs, which motion the court denied, and the plaintiffs duly excepted. The plaintiffs are no'nresidents of this state, and brought the action against defendant to recover on certain promissory notes made by the defendant, in a transaction in which the defendant acquired from the plaintiffs possession of a cab under circumstances which may be treated as a conditional sale. The defendant set up a counterclaim in his answer for $500.
It was the contention of the…
2Cases cited4 opinions
- Goldberg v. VictorAppellate Terms of the Supreme Court of New York · 1899
- Bidwell v. WeeksNew York Court of Common Pleas · 1858
- Rothenberg v. FilarskyAppellate Terms of the Supreme Court of New York · 1900
- Heineman v. Van StoneAppellate Terms of the Supreme Court of New York · 1901
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