Spaulding v. American Wood Board Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry K. Spaulding, 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 5th day of December, 1900, granting the defendant’s motion to stay proceedings on the part of the plaintiff until the payment of a judgment for costs, recovered by the defendant in a prior action between the plaintiff’s assignors and the defendant.
1Opinion of the Court
Patterson, J.:
This is-an appeal from an order staying proceedings on the part of the plaintiff until judgments for costs, recovered by the defendant in a prior action between the plaintiff’s assignors and it, have been paid. The motion for the stay was opposed in the court below, principally on the ground that the prior action was in equity to foreclose a factor’s lien, while this is at law to recover damages for the breach of a guaranty, and it was claimed that to authorize a stay in such a situation until the costs of a former action are paid, there must be complete identity of the…
2Cases cited2 opinions
- Sprague v. Bartholdi Hotel Co.New York Supreme Court · 1893
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by12 opinions
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- Behrens v. SturgesAppellate Division of the Supreme Court of the State of New York · 1910
- Maass v. RosenthalNew York Supreme Court · 1909
- In re the Estate of FriedmanNew York Surrogate's Court · 1938
- Associated Sales Analysts, Inc. v. WeitzAppellate Division of the Supreme Court of the State of New York · 1966
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