Legal Opinion
Rees v. Van Patten
New York Supreme Court
Decided September 15, 1856PublishedCited by 4 opinions
Motion of plaintiff to discontinue his action on payment of costs. ' '
1Opinion of the Court
Paige, Justice.
An answer has been put in, in this action, and the action has been referred; and the trial has been commenced before the referee, but has not been concluded.
The plaintiff moves to discontinue on the ground that he has *259héeft attacked by a dangerous disease, which incapacitates him from attending to business; and that he is, for this reason, desirous of closing up his business affairs.
The defendant objects to the discontinuance on the ground that his answer sets up a counter-claim. The plaintiff has replied, denying the Counter-claim.
On the hearing of the motion, I was referred,…
2Cases cited2 opinions
- Seaboard & Roanoake R. R. Co. v. WardNew York Supreme Court · 1854
- Cockle v. UnderwoodThe Superior Court of New York City · 1854
3Cited by4 opinions
- Electrical Accumulator Co. v. Brush Electric Co.U.S. Circuit Court for the District of Northern Ohio · 1890
- Huffstutler v. Louisville Packing Co.Supreme Court of Alabama · 1908
- Merchants' Bank v. SchulenbergMichigan Supreme Court · 1884
- Crockett v. SmithNew York Supreme Court · 1860