Janssen v. Whitlock
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Frederick W. Janssen against Benjamin M. Whitlock. From an order discontinuing the action on plaintiff’s motion, defendant appeals.
1Opinion of the CourtMcLAUGHLIN, J.
Action upon a promissory note, to which defenses and a counterclaim were interposed. Issue was joined in May, 1900, and the cause placed upon the calendar, ahd noticed for trial by both of the parties for the November term of that year. A motion was thereafter made to place the action upon the preferred calendar, which was denied, and, following such denial, the plaintiff *1087made a motion for leave to discontinue the action upon payment of costs. The motion was granted, and defendant has appealed.
From the plaintiff’s affidavit used upon the motion it appears that the reason why a discontinuance…
2Cases cited6 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Matter of LasakNew York Court of Appeals · 1892
- Yellow Pine Co. v. Lehigh Valley Creosoting Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Walsh v. WalshAppellate Division of the Supreme Court of the State of New York · 1898
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