Rundle v. Gordon
Appellate Division of the Supreme Court of the State of New York
Appeal from Sullivan county court. Action by George Bundle against Read Gordon. From an order denying defendant’s motion to interplead a third person, defendant appeals. Affirmed. _ This action was commenced in a justice’s court of the county of Sullivan to recover a balance of $39.71 claimed to be due from the defendant to the plaintiff on a contract for the sale of stone.
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Appeal from Sullivan county court. Action by George Bundle against Read Gordon. From an order denying defendant’s motion to interplead a third person, defendant appeals. Affirmed. _ This action was commenced in a justice’s court of the county of Sullivan to recover a balance of $39.71 claimed to be due from the defendant to the plaintiff on a contract for the sale of stone. The defendant, in his answer in the justice’s court, admitted the purchase of the stone from the plaintiff, and that the balance claimed to be due remained unpaid, but averred that the stone was quarried on land of one…
1Opinion of the CourtPutnam, J.
We are of the opinion that the provisions of section 820 of the Code of Civil Procedure are not applicable to an action originally commenced in a justice’s court, and afterwards, on a plea of title, transferred to the county court. Such an action, when thus transferred, although in the county court a new summons and complaint is served, is regarded as “an action originally commenced in a court of a justice of the peace.” Cook v. Nellis, 18 N. Y. 126. Under the provisions of the Code of Civil Procedure (sections 2951-2958), the action in the coúnty court must be deemed the same áction…
2Cases cited3 opinions
- McGiffin v. . BairdNew York Court of Appeals · 1875
- Cook v. . NellisNew York Court of Appeals · 1858
- People ex rel. Proctor v. Albany C. P.New York Supreme Court · 1838
3Cited by2 opinions
- Eaton v. HallAppellate Division of the Supreme Court of the State of New York · 1903
- Moisen v. BurrAppellate Division of the Supreme Court of the State of New York · 1905