National Wall Paper Co. v. Szerlip
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hirsch Szerlip, from an order of the County Court óf the county of Kings,' entered in the office of the clerk of the county of Kings on the 2d day of May, 1896, allowing the plaintiff to discontinue the action on the payment to the.
1Opinion of the Court
Bradley, J. :
■ The action was one at law to recover the purchase price of goods-sold by the plaintiff to a person other than the defendant, having the same name as the one on whom the summons ivas served. The mistake was discovered after the defendant had answered and the action had been noticed and placed upon the calendar for trial. Then the plaintiff’s motion for leave to discontinue was made and . granted on payment of ten dollars costs. It is insisted on the part of the defendant that, as the action was one of law, he was entitled to the amount of costs which would have been taxable for…
2Cases cited2 opinions
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- Tucker v. PfauNew York Supreme Court · 1893
3Cited by4 opinions
- Susman v. DanglerAppellate Division of the Supreme Court of the State of New York · 1904
- Goss v. HaysAppellate Division of the Supreme Court of the State of New York · 1899
- Kilts v. NeahrAppellate Division of the Supreme Court of the State of New York · 1905
- Buckley & Kisseloff v. Feldcos Realty Corp.Civil Court of the City of New York · 1970