Legal Opinion

Dolbeer v. Stout

The Superior Court of New York City

Decided May 2, 1892Published

Appeal by plaintiff from an order made at special term staying all proceedings in this action until the trial and determination of an action pending in the Supreme Court. The following opinion was rendered by Judge McAd am at the special term upon which the order appealed from was affirmed.

1Opinion of the Court

“ McAdam, J.

The Supreme Court action was commenced first. It is to recover $19,546.09, and but for the voluntary assignment made by Linde & Co., the cross demand could have been litigated in the Supreme Court action. If that action is stayed, the defendant here, who is the plaintiff there, can use only a small portion of his demand ($4,811.46), and may have to renew his litigation as to the balance. If the Supreme Court action is tried first, the entire $19,546.09 will he litigated and disposed of. The law does not encourage double trials and multiplicity of suits, and the court will stay one…

Also in this document: Per curiam.

2Cases cited5 opinions

  1. Schuehle v. . ReimanNew York Court of Appeals · 1881
  2. McMicken v. PerinSupreme Court of the United States · 1856
  3. Third Ave. R.R. Co. v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1873
  4. People v. Northern RailroadNew York Supreme Court · 1869
  5. Jackson ex rel. Pionier v. SchauberNew York Supreme Court · 1825

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