Cobb v. Cullen Bros. & Lewis Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cullen Brothers & Lewis Steel Company from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 31st day of May, 1901, upon the decision of the court.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff sues to recover the price of desks and furniture sold by him to the defendant, .a corporation. The answer alleges that prior to the commencement of this action the plaintiff commenced another action in the Supreme Court for the same subject-matter and cause of action set forth in the complaint, and that the complaint does not state facts sufficient to constitute a cause of action»
At the trial the plaintiff conceded the pendency of an action. “ between the same parties in the Supreme Court, Kings county *180for replevin of goods, which goods I will concede also are…
2Cases cited1 opinion
- Dawley v. . BrownNew York Court of Appeals · 1880
3Cited by5 opinions
- Continental Securities Co. v. Interborough Rapid Transit Co.New York Supreme Court · 1922
- Standard Sewing Machine Co. v. KattellAppellate Division of the Supreme Court of the State of New York · 1909
- Baronberg v. HumphreysCity of New York Municipal Court · 1937
- O. B. Brush Corp. v. Weiner Bookbinding Co.City of New York Municipal Court · 1922
- Cassidy v. CassidyNew York Supreme Court · 1916