Purdy v. Manhattan Ry. Co.
New York Court of Common Pleas
Appeal from special term. Action by Elvira Purdy against the Manhattan Railway Company and another. From an order denying defendants’ motion for leave to serve a supplemental answer, setting up matter of defense arising during the pendency of the action, defendants appeal.
1Opinion of the CourtBischoff, J.
This is an appeal from an order denying defendants’ motion for leave to set up by supplemental answer the defense that subsequent to the commencement of the action the plaintiff had entered into a stipulation that the defendants’ possession of the easements in suit should not be disturbed, this stipulation having been given by the plaintiff, in accordance with the provisions of the general railroad act (Laws 1850, c. 140, § 18; Rev. St. [8th Ed.] p. 1745), upon her appeal to the general term of the supreme court from an award of commissioners in condemnation proceedings which had been…
2Cases cited5 opinions
- Hoyt v. SheldonThe Superior Court of New York City · 1856
- Morel v. GarellyNew York Court of Common Pleas · 1863
- Ratzer v. RatzerNew York Supreme Court · 1877
- In re Metropolitan Elevated Railway Co.New York Supreme Court · 1894
- Williams v. HaysNew York Supreme Court · 1889
3Cited by2 opinions
- Coyle v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1904
- Jones v. GouldNew York Supreme Court · 1907