Drake v. New York Iron Mine
New York Supreme Court
Appeal from special term, Queens county. Action by John R. Drake against the New York Iron Mine, William L. Wetmore, and Matthew H. Maynard, as assignee in bankruptcy of said Wetmore. From an order staying proceedings until the costs of a former action should be paid, plaintiff appeals.-
1Opinion of the CourtPratt, J.
The plaintiff appeals from an order staying proceedings until the cost of a previous action are paid. Such orders are properly made where a plaintiff vexatiously pursues a defendant with unnecessary litigation, (Ex parte Stone, 3 Cow. 380,) but there is no inflexible rule compelling courts to make such order where the plaintiff is not in fault, and the result would be not to prevent, but to promote, injustice. In the present case, the complaint, which is verified, states a good cause of action. There is no answer, not even an affidavit of merits, nor any doubt thrown over the justice of…
2Cases cited1 opinion
- Ex parte StoneNew York Supreme Court · 1824
3Cited by2 opinions
- Tafel v. TafelAppellate Division of the Supreme Court of the State of New York · 1915
- Halpern v. Langrock Bros.New York Supreme Court · 1916