Carpenter v. Keating
New York Court of Common Pleas
Appeal from, an order. This action was brought by William H. Carpenter and William H. Adams, Jr., against Francis T. ¿eating and Henry A. Keating.
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Appeal from, an order. This action was brought by William H. Carpenter and William H. Adams, Jr., against Francis T. ¿eating and Henry A. Keating. It appeared that some time in the year 1868 an action was commenced in the supreme court by one Frederick Daggett, against the defendants in this case, which action was superseded by an agreement to arbitrate the matters in difference between the parties; judgment upon any award made under said submission to arbitrate to be entered in the court in which the action was originally commenced. The arbitrators made their award against said Daggett, and…
1Opinion of the CourtLoew, J.
This action was brought for the purpose of enjoining and restraining proceedings in another action also pending in this court. As a defendant can now, as a general rule, interpose any defense he may have, whether it be legal or equitable, and thus obtain by answer, motion, or otherwise, all the relief in the original suits to which he would be entitled if he brought a separate action, it is no longer .either necessary, or allowable to bring an action, nor will an injunction be granted, merely for the purpose of restraining the proceedings in another action, both being in the same court…
2Cases cited4 opinions
- Bowers v. TallmadgeNew York Supreme Court · 1858
- Cook v. DickersonThe Superior Court of New York City · 1850
- Harman v. RemsenNew York Supreme Court · 1862
- Minor v. WebbNew York Supreme Court · 1860