Herman v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hew York City Railway Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the-26th day of January, 1907, denying its motion for the discontinuance of the above-entitled action.
1Opinion of the Court
Miller, J. :
This case is like the case of Kelly v. New York City Railway Co. (122 App. Div. 467), decided herewith, except that the plaintiff is an infant and that the clerk of the attorney of record for the plaintiff procured her to sign a writing authorizing said attorney to bring suit. She says that site did not understand the contents of the paper signed by her, and that she wishes the action discontinued. *470Said clerk states that he was informed by the plaintiff that she was over twenty-one years of age. Her reason for deceiving her attorney, if she understood that she was employing one,…
2Cases cited1 opinion
- Kelly v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907