Farmers' Loan & Trust Co. v. Bankers & Merchants' Telegraph Co.
New York Court of Appeals
Appeal from a portion of the order of the General Term of the Supreme Court in the first judicial department, made-January 3, 1888, denying a motion to dismiss an appeal from an order of Special Term granting a motion by plaintiff for leave to file a supplemental complaint herein, ‘‘ with $10 costs of motion to the United Lines Telegraph Company, defendant.” Also, appeal from order of said General Term made January 23, 1888, which reversed said order of Special Term.
Read the full summary
Appeal from a portion of the order of the General Term of the Supreme Court in the first judicial department, made-January 3, 1888, denying a motion to dismiss an appeal from an order of Special Term granting a motion by plaintiff for leave to file a supplemental complaint herein, ‘‘ with $10 costs of motion to the United Lines Telegraph Company, defendant.” Also, appeal from order of said General Term made January 23, 1888, which reversed said order of Special Term. The facts, so far as material, are stated in the opinion. As the court below did not deny the motion in the exercise of…
1Opinion of the CourtDanforth, J.
Upon motion on notice at Special Term, the plaintiff obtained leave “to file and serve a supplemental complaint * * * with ten dollars costs of motion to the United Lines Telegraph Company.” The defendant received the costs, and on the 5th of December, 1887, appealed to the General Term from the rest of the order. On the 29th of December, 1887, the plaintiff gave notice of a motion to dismiss that appeal upon the ground, so far as now insisted upon, that the right to appeal had been waived by accepting the costs so ordered to be paid. On the 3d of January, 1888, the motion was denied, and on…
2Cases cited3 opinions
- Platz v. City of CohoesNew York Supreme Court · 1880
- Radway v. GrahamNew York Court of Common Pleas · 1857
- Fleischmann v. . BennettNew York Court of Appeals · 1880
3Cited by10 opinions
- Fiedler v. HowardWisconsin Supreme Court · 1898
- Hodges v. SmithCourt of Appeals of Texas · 1904
- Seymour v. Spring Forest Cemetery Ass'nAppellate Division of the Supreme Court of the State of New York · 1896
- Troup v. HorbachNebraska Supreme Court · 1899
- James v. OuimetAppellate Division of the Supreme Court of the State of New York · 1954
5 more not listed; retrieve them via the Exa API.