Rawson v. Silo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edmund Gr. Rawson, from an order of the Supreme Court, made at the Saratoga Trial Term and entered in the office of the clerk of the county of Saratoga on the 22d day of October, 1904, as resettled by an order made at the Saratoga Special Term and entered in said clerk’s office on .the 9th day of January, 1905. After this action was at issue and when it was reached for trial at the Trial Term, all parties being ready for trial, they proceeded…
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Appeal by the plaintiff, Edmund Gr. Rawson, from an order of the Supreme Court, made at the Saratoga Trial Term and entered in the office of the clerk of the county of Saratoga on the 22d day of October, 1904, as resettled by an order made at the Saratoga Special Term and entered in said clerk’s office on .the 9th day of January, 1905. After this action was at issue and when it was reached for trial at the Trial Term, all parties being ready for trial, they proceeded therewith and a jury was impaneled. The defendants then moved to dismiss the complaint “ upon the ground that it does not state…
1Opinion of the Court
Chase, J.:
The respondents did not ask for nor obtain the order from which the appeal is taken. It was made at the appellant’s request, and *281the trial of the action then in progress was postponed by reason thereof.
It was wholly for plaintiff’s benefit. If appellant considered that the terms imposed as a condition of granting his request were onerous and unsatisfactory, he should have declined to accept the order on the terms imposed, and proceeded with the trial. (See Matter, etc., Waverly Water Works Co., 85 N. Y. 478.) After the trial of an action has commenced and one of the parties asks to…
2Cases cited2 opinions
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
- In re Callahan's EstateNew York Supreme Court · 1892
3Cited by4 opinions
- Fox v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1912
- Klein v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Hirschhorn v. FriedbergAppellate Division of the Supreme Court of the State of New York · 1911
- Whitehead & Hoag Co. v. Ange S. Arbig, Inc.City of New York Municipal Court · 1933