Telephonine Co. of America v. Douthitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Telephonine Company of America, from-so much of an. order of the Supreme Court, made at'the Hew York Special Term and. entered in the office of the clerk of the county of Hew York oh the 31st day of August, 1906, granting the plaintiffs motion to discontinue the above-entitled action, as imposes as a condition that the plaintiff stipulate that it will- not assign the claim herein for the purpose of a suit thereon, and that in case, of the failure…
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Appeal by the plaintiff, the Telephonine Company of America, from-so much of an. order of the Supreme Court, made at'the Hew York Special Term and. entered in the office of the clerk of the county of Hew York oh the 31st day of August, 1906, granting the plaintiffs motion to discontinue the above-entitled action, as imposes as a condition that the plaintiff stipulate that it will- not assign the claim herein for the purpose of a suit thereon, and that in case, of the failure to stipulate as aforesaid, the motion be denied, with costs.
1Opinion of the Court
Ingraham, J.:
This action was brought to recover $50,000 as the damages sustained -by the plaintiff by a refusal .of the defendant to perform a contract in relation to certain patents owned -by'.the plaintiff. Before an. answer was interposed, the plaintiff applied to discontinue-the action and the costs were tendered, but the defendant refused to receive"the costs on the ground that the plaintiff intended to assign the action to a resident of Hew Yolk so as to be relieved of the obligation to give security for costs. Upon the application to discontinue the action the. court required as a…
2Cases cited2 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
3Cited by6 opinions
- Piedmont Hotel Co. v. A. E. Nettleton Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Rosen v. 981 Union Avenue Corp.Appellate Terms of the Supreme Court of New York · 1920
- Weber v. WardNew York Supreme Court · 1927
- American West Indies Tending Co. v. Porto Rican American Cigar Co.New York Supreme Court · 1909
- Block v. OttenbergNew York Supreme Court · 1907
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