Publishers' Printing Co. v. Gillin Printing Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant" from order of" the City Court, General' Term, affirming an order made at Special Term.
1Opinion of the CourtMcAdam, J.
The action was commenced November 9, 1895, by service'of a summons and complaint'on the defendant, to recover $291.07, due on contract. On November 15,■ the last day of the six within which the defendant might appear and answer, the defendant paid the plaintiff the amount claimed, and took a receipt entitled in the action, specifying that the same was in full' . settlement, and that it was agreed that the action be discontinued without costs to either party as against the other.
On the following day, the plaintiff’s attorney, in ignorance of the settlement, entered judgment for the full amount…
2Cases cited6 opinions
- Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
- Poole v. . BelchaNew York Court of Appeals · 1892
- Bailey v. . MurphyNew York Court of Appeals · 1892
- Commercial Telegram Co. v. SmithNew York Supreme Court · 1890
- Drago v. SmithNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. BetilloNew York Supreme Court · 1967
- Williams v. WilsonAppellate Terms of the Supreme Court of New York · 1896