Deep South Oil Co. v. Epstein

Order appealed from unanimously reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to defendant-appellant, and the motion denied, with $10 costs. Defendant-appellant had brought two prior actions, one in the City Court against plaintiff-respondent, a Texas corporation, and the other in the Supreme Court against a related Delaware corporation. Stipulations were entered into in both actions in which liability was admitted, payments agreed upon and entry of judgment consented to in the event of default. Plaintiff-respondent then brought this…