Janssen v. Whitlock
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin M. Whitlock, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of January, 1901, granting the plaintiff’s motion to discontinue the action upon paying the taxable costs and filing a stipulation that if the plaintiff begins a new action for the same relief, and the defendant interposes the same counterclaim interposed in the answer herein, the…
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Appeal by the defendant, Benjamin M. Whitlock, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of January, 1901, granting the plaintiff’s motion to discontinue the action upon paying the taxable costs and filing a stipulation that if the plaintiff begins a new action for the same relief, and the defendant interposes the same counterclaim interposed in the answer herein, the plaintiff will make the same admissions as are contained in the reply as it now stands.
1Opinion of the Court
McLaughlin, J.:
Action upon a promissory note to which defenses and a counterclaim Avere interposed. Issue was joined in May, 1900, and the cause placed upon the calendar and noticed for trial by both of the parties for the November term of that year. . A motion was thereafter made to place the action upon the preferred calendar, which was.denied, and following such .denial.the plaintiff made a motion for leave to discontinue the action upon payment of costs. The motion was granted and defendant has appealed.
From the plaintiff’s affidavit used upon the motion it appears that the reason why a…
2Cases cited5 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Matter of LasakNew York Court of Appeals · 1892
- Yellow Pine Co. v. Lehigh Valley Creosoting Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Walsh v. WalshAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Dailey v. Northern New York Utilities, Inc.New York Supreme Court · 1927
- Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- White v. WhiteNew York Supreme Court · 1914
- Zuckerbrow v. Lombardy Dresses Inc.New York Supreme Court · 1949