Magnolia Metal Co. v. Pound
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Magnolia Metal Company, 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 29th day of March, 1901, denying the plaintiff’s motion to be relieved from a stipulation.
1Opinion of the Court
McLaughlin, J. :
Shortly after this action was begun the defendants brought suit against the plaintiff, and both actions having been referred to a referee to hear and determine the same, and both coming on for trial at the same time, for the purpose of facilitating the trial of this action a stipulation was entered into between the parties to the effect that a determination of the issues in the other action should be “ conclusive upon and as to the issues herein.”
In the other action this plaintiff (the defendant therein) recovered a judgment of several thousand dollars on a counterclaim. The…
2Cases cited3 opinions
- Sperb v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Van Nuys v. FitsworthNew York Supreme Court · 1890
- Higgins v. StarinAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by13 opinions
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- Yonkers Fur Dressing Co. v. Royal InsuranceNew York Court of Appeals · 1928
- Foote v. AdamsAppellate Division of the Supreme Court of the State of New York · 1931
- Humphries v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1919
- Way v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1980
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