Kumin v. United Waste Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Kumin, from a judgment of the County Court of Rensselaer county in favor of the defendant, entered in the office of the clerk of said county on the 31st day of July, 1912, upon the dismissal of the complaint by direction of the, court at the close of plaintiff’s case. '
1Per curiam
On the trial the plaintiff asked leave to withdraw a juror, which motion was granted on payment of costs. On settlement of the order a provision was inserted that if plaintiff should neglect to pay the costs within twenty days “ then the defendant’s motion for a nonsuit herein is granted, subject to the plaintiff’s exception; and judgment may be entered accordingly.” The motion for a nonsuit had'been made and formally denied prior to the granting of the order. The plaintiff neglected to pay the costs and on his motion the defendant was compelled to enter the judgment of nonsuit.
The defendant…
2Cited by2 opinions
- Harter v. King CountyWashington Supreme Court · 1941
- Mutual Braid Co. v. JeffersAppellate Terms of the Supreme Court of New York · 1919