Whitman Co. v. Travers Bailey Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Whitman Company against the Travers Bailey Company. From an order denying a motion to correct an indorsement of the decision on the summons, defendant appeals.
1Per curiam
After the trial had commenced and one witness had been examined, plaintiff moved to discontinue the action, which motion was granted, on payment of $10 costs. The defendant thereafter made a motion to correct the indorsement of the decision made by the justice on the summons by substituting $20 costs for $10 costs. The motion was denied, and . defendant appeals from the *173order denying the motion. Municipal Court Act, Laws 1902, pp. 1585, 1586, c. 580, § 332, subds. 3, 6, and Blum v. O’Connor (Sup.) 84 N. Y. Supp. 207, apply here. Where the summons demands between $200 and $300, and the action…
2Cases cited1 opinion
- Blum v. O'ConnorAppellate Terms of the Supreme Court of New York · 1903
3Cited by1 opinion
- Goldstein v. PerlmanAppellate Terms of the Supreme Court of New York · 1911