Legal Opinion

Capen v. Delaney

Appellate Division of the Supreme Court of the State of New York

Decided November 11, 1908Published

Appeal by the plaintiff, James B. Capen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 16th day of June, 1908, upon the dismissal of the complaint upon the plaintiff’s openings upon a trial at the Saratoga Trial Term.

1Opinion of the Court

Kellogg, J.:

The plaintiff brought this action against Walter S. West for slander. Thereafter, and before answer, West was duly declared an incompetent person and William J. Delaney, the present defendant, appointed his committee, and by stipulation between the parties it was agreed that an order enter substituting the committee as defendant in place of the said Walter S. West, the action to proceed against the said committee, and that the pleadings and proceedings already taken in the action stand as though the stipulation was not made, the stipulation to be without prejudice to the plaintiff…

2Cases cited2 opinions

  1. Matter of Application of OtisNew York Court of Appeals · 1886
  2. Dickinson v. OliverAppellate Division of the Supreme Court of the State of New York · 1906

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