Blum v. Whitney

Appellate Division of the Supreme Court of New York

Blum v. Whitney

111 A.D. 922, 96 N.Y.S. 1114

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1906

StatusPublished

This text of 111 A.D. 922 (Blum v. Whitney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blum v. Whitney, 111 A.D. 922, 96 N.Y.S. 1114 (N.Y. Ct. App. 1906).

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Opinion

Per Curiam:

We are all of opinion that the case of Hutchinson v. Simpson (92 App. Div. 382) is.decisive of this appeal; but, were it not for the controlling authority thereof Justices Laughlin and Clarke would dissent -on the grounds stated in the dissenting opinion, therein. It follows that the judgment should be affirmed, with separate bills of costs to- the respondents appearing separately, with leave to plaintiff to serve an amended complaint within twenty days from the service of the order to b"e entered hereon, on payment of the costs in this .court and in the court below. Present —Patterson, Ingraham, Laughlin" and Clarke, JJ. Judgment affirmed, with separate bills of costs to respondents appearing separately, with leave to plaintiff to amend on payment of costs in this court and in the court below. Order filed.

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Per Curiam:

We are all of opinion that the case of Hutchinson v. Simpson (92 App. Div. 382) is.decisive of this appeal; but, were it not for the controlling authority thereof Justices Laughlin and Clarke would dissent -on the grounds stated in the dissenting opinion, therein. It follows that the judgment should be affirmed, with separate bills of costs to- the respondents appearing separately, with leave to plaintiff to serve an amended complaint within twenty days from the service of the order to b"e entered hereon, on payment of the costs in this .court and in the court below. Present —Patterson, Ingraham, Laughlin" and Clarke, JJ. Judgment affirmed, with separate bills of costs to respondents appearing separately, with leave to plaintiff to amend on payment of costs in this court and in the court below. Order filed.

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Bluebook (online)

111 A.D. 922, 96 N.Y.S. 1114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blum-v-whitney-nyappdiv-1906.

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