Harper Machinery Co. v. Donegan
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Harper Machinery Company against Donegan & Swift. From a judgment awarding defendants affirmative relief, plaintiff appeals. Reversed and remanded.
1Opinion of the CourtSeabury, J.
The complaint alleges a cause of action for the alleged breach of an express warranty. The answer was a general denial. The answer was amended upon the trial, but the amendment did not demand affirmative relief from the plaintiff in this action. Upon the close of the testimony the plaintiff made a motion to discontinue this action. Thereafter the learned court below rendered judgment in favor of the defendant and against the plaintiff for $432.13. The plaintiff had a right voluntarily to discontinue the action before it wa's finally submitted. Nichols v. Williams, 42 Misc. Rep. 527, 86 N. Y.…
2Cases cited2 opinions
- Nichols v. WilliamsNew York Supreme Court · 1904
- Nichols v. WilliamsAppellate Terms of the Supreme Court of New York · 1904