Peacock v. Lutz & Schramm Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lutz & Schramm Company, 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 9th day of December, 1915, denying defendant’s motion to stay the trial of this action pending the trial of an action now at issue in the State of Pennsylvania.
1Opinion of the Court
McLaughlin, J.:
Action to recover' $1,445, with interest, commissions alleged to have been earned by C. J. Sutphen & Co., plaintiff’s assignor, for the sale of pickles. Prior to the commencement of this action the plaintiff’s assignor, on the 11th of June, 1915, brought an action in the Court of Common Pleas of Allegheny county, Penn., to recover the same amount upon the same cause of action. Issue in that action was joined on the 23d of July, 1915, and this action was not commenced until the 30th of July, 1915.
The defendant is a Pennsylvania corporation and has its principal office in that…
2Cases cited5 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Barton v. . SpeisNew York Court of Appeals · 1878
- Oppenheimer v. Carabaya Rubber & Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Allentown Foundry & Machine Works v. LoretzAppellate Division of the Supreme Court of the State of New York · 1897
- Morrison v. SchmemanAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Simmons v. Superior CourtCalifornia Court of Appeal · 1950