Metropolitan Distributors, Inc. v. Hyndsman

Motion for stay denied. Cross motion to dismiss complaint is granted.

Motions Nos. 541 and 838 are considered together.

The defendant heretofore sued the plaintiff in this court to recover damages for the wrongful death of William T. Hyndsman. After trial the jury returned a verdict for plaintiff in the sum of $25,000. This was, by consent, reduced to $20,000, and it was further stipulated as part of the agreement that the judgment would be paid and no appeal would be taken. Judgment was thereafter entered, which contained a provision that defendant herein — the plaintiff in that suit, have…