Wilder v. Boynton
New York Supreme Court
MOTION by the defendant to set aside an order entered by the plaintiffs, ex parte, discontinuing the action, after a partial trial before a referee, and after a portion of the defendant’s evidence had been given, before the referee.
Read the full summary
MOTION by the defendant to set aside an order entered by the plaintiffs, ex parte, discontinuing the action, after a partial trial before a referee, and after a portion of the defendant’s evidence had been given, before the referee. The plaintiffs are non-residents, and the affidavits read in support of the motion establish that the plaintiffs, after discovering that they might not recover, suddenly left the State, and evaded a service upon them by the defendant of pi’ocess for a second suit. The reference was had upon the stipulation of the respective parties, in open court,' and an order in…
1Opinion of the CourtHardin, J.
The complaint in this action alleges that the “ defendant is indebted to them in the sum of $1076 for money paid to and for said defendant, at his request, about October, 1871, and for manufacturing ninety-six fire extinguishers for the defendant, at his request, at $12.50 each, $1200, which several sums the defendant agreed to pay for as aforesaid.” And it also contains a prayer for $1076, balance .after crediting the defendant with a payment of $179. The answer contains a general denial, and then sets up that the defendant, in June, 1869, entered into an agreement with the plaintiffs…
2Cases cited3 opinions
- Fackler v. FordSupreme Court of the United States · 1861
- Young v. BushNew York Supreme Court · 1868
- Clinton v. EddyNew York Supreme Court · 1869
3Cited by10 opinions
- Stevens v. The RailroadsUnited States Circuit Court · 1880
- Jermyn v. SearingAppellate Division of the Supreme Court of the State of New York · 1910
- Landsman v. LandsmanAppellate Division of the Supreme Court of the State of New York · 1951
- Blog v. Burden & Co.Appellate Division of the Supreme Court of the State of New York · 1933
- People v. CornerNew York Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.