Geenia v. Keah
New York Supreme Court
THE plaintiff sought to discontinue this action, and for that purpose obtained an order that the defendant show cause why it should not be discontinued. The defendant opposed its discontinuance, and insisted upon an adjudication upon his rights. The action was brought to recover the purchase money due under a contract for the purchase of re,al estate.
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THE plaintiff sought to discontinue this action, and for that purpose obtained an order that the defendant show cause why it should not be discontinued. The defendant opposed its discontinuance, and insisted upon an adjudication upon his rights. The action was brought to recover the purchase money due under a contract for the purchase of re,al estate. The defence to the action was that the contract, and a deed of the premises to the plaintiff’s testator, together, constituted a mortgage, to secure a loan made to the defendant by the plaintiff’s testator; and that such contract and deed were…
1Opinion of the CourtJoseph Potter, J.
The case involves the determination of these questions:
1st. Has the plaintiff the right to discontinue, of his own motion ?
2d. If not, should she be allowed to discontinue, and deprive the defendant, whom she has brought into court, of the opportunity of having her claims judicially determined by the court ?
3d. If discontinued, the terms of the discontinuance.
First. Has the plaintiff the right to discontinue this action.
It was held, in The Seaboard & Roanoke R. R. Co. v. Ward, (18 Barb. 595; S. C., 1 Abb. 46,) that a plaintiff has the right to discontinue his -action, in all cases, except…
2Cases cited6 opinions
- Cummins v. BennettNew York Court of Chancery · 1840
- Xenia Branch of State Bank of Ohio v. LeeThe Superior Court of New York City · 1858
- Prouty v. EatonNew York Supreme Court · 1863
- Seaboard & Roanoake R. R. Co. v. WardNew York Supreme Court · 1854
- Leavenworth v. PackerNew York Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jermyn v. SearingAppellate Division of the Supreme Court of the State of New York · 1910
- Loew v. McInerneyAppellate Division of the Supreme Court of the State of New York · 1913
- Sweetser v. SmithNew York Supreme Court · 1889
- Washington Glass Co. v. BenjaminNew York Supreme Court · 1891