Spaulding v. American Wood-Board Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Henry K. Spaulding against the American Wood-Board Company. From an order granting defendant’s motion for a stay of proceedings until the costs of the former suit were paid, plaintiff appeals.
1Opinion of the CourtPatterson, J.
This is an appeal from an order staying proceedings of the plaintiff until judgments for costs recovered by the defendant in a prior action between the plaintiff’s assignors and it have been paid. The motion for the stay was opposed in the court below, principally on the ground that the prior action was in equity to foreclose a factor’s lien, while this is at law to recover damages for the breach of a guaranty, and it was claimed that to authorize a stay in such a situation, until the costs of a former action are paid, there must be complete identity of the subject-matter of both actions.…
2Cases cited2 opinions
- Sprague v. Bartholdi Hotel Co.New York Supreme Court · 1893
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Hunt v. SullivanAppellate Division of the Supreme Court of the State of New York · 1903
- Fransioli v. BoormanAppellate Terms of the Supreme Court of New York · 1903
- Lass v. Volk Housewrecking Co.Appellate Terms of the Supreme Court of New York · 1911
- Seiler v. KlugmanAppellate Division of the Supreme Court of the State of New York · 1914