Jaffray v. Goldstone
New York Supreme Court
Appeal from circuit court, New York county. Modified. Action by Edwin S. Jaffray, Howard S. Jaffray, John B. P. Woodriff, and Citarles J. Hadfield, as surviving partners of the late firm of E. S. Jaffray & Co., against Samuel Goldstone, as surviving partner of the late firm of S. Davis & Co., for the recovery of money.
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Appeal from circuit court, New York county. Modified. Action by Edwin S. Jaffray, Howard S. Jaffray, John B. P. Woodriff, and Citarles J. Hadfield, as surviving partners of the late firm of E. S. Jaffray & Co., against Samuel Goldstone, as surviving partner of the late firm of S. Davis & Co., for the recovery of money. From an order denying a motion for leave to discontinue without costs, and giving defendant an extra allowance, and also from an order denying a motion to retax the costs, plaintiffs appeal. For former reports, see J affray v. Davis, 1 N. Y. Supp. 814, and 26 N. E, Bep. 351.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover a balance alleged to be due to plaintiffs from defendant for goods sold and delivered. Judgment was rendered in favor of the plaintiffs, which judgment was affirmed by the general term, but was reversed by the court of appeals, and a new trial ordered, with costs to abide event, and judgment was entered upon the remittitur. When the case was about to appear upon the day calendar for retrial, the plaintiffs obtained an order for the defendant to show cause why the action should not be discontinued without costs, or why the plaintiffs should not have such…
2Cited by4 opinions
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