Class Journal Co. v. Valveless Inner Tube Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Class Journal Company against the Valveless Inner Tube Company. From an order denying defendant’s motion to dismiss the action for want of prosecution, defendant appeals. Order reversed, and motion granted. Argued January term, 1914, before LEHMAN, PAGE, and BI-JUR, JJ.
1Opinion of the CourtPage, J.
[1] This action has been twice tried in the City Court, and in each instance, resulted in judgment for the defendant, which judgments have been respectively reversed by this court and new trials granted. The moving affidavits upon the motion show that 18 months have elapsed since the granting of the second new trial to the plaintiff, and during that.time no steps have been taken to bring the case to trial. The Only excuse offered for this neglect is the fact that the defendant has no assets and a judgment against it would be valueless. I am unable to discover a recently reported case in which…
2Cases cited2 opinions
- Wetzler v. SilvermanAppellate Terms of the Supreme Court of New York · 1910
- McGlade v. WheatonNew York Supreme Court · 1828