Barton v. . Speis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term, requiring plaintiff to pay the costs in a former action, and staying proceedings herein until such payment. This action was brought against defendant upon a guaranty of payment of a promissory note executed by Anthony Speis, her husband.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term, requiring plaintiff to pay the costs in a former action, and staying proceedings herein until such payment. This action was brought against defendant upon a guaranty of payment of a promissory note executed by Anthony Speis, her husband. Barton and Parlchouse, the original .holders of the note, brought an action against the maker and defendant, as guarantor, jointly. The defendants demurred, because of misjoinder of causes action; the demurrer was sustained with…
1Per curiam
We have no doubt of the power of the Supreme Court to make the order appealed from requiring the plaintiff to pay the costs accrued in the former action by Barton and Parkhouse. That action was for the same cause of action as this. The plaintiff purchased the obligation subject to existing equities between the parties, and she has no better position than her assignor, and he had no better-position than the original plaintiffs. This power is one of equitable cognizance over suitors to prevent a multiplicity of actions, and harassing and oppressive litigation. (Richardson v. White, 27 How.,…
2Cases cited1 opinion
- Sanford v. ChaseNew York Supreme Court · 1824
3Cited by22 opinions
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- Boyajian v. HartMassachusetts Supreme Judicial Court · 1942
- Behrens v. SturgesAppellate Division of the Supreme Court of the State of New York · 1910
- Ingrosso v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Muratore v. PirklAppellate Division of the Supreme Court of the State of New York · 1905
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