Chicago & Eastern Illinois Railroad v. Central Trust Co.

Appellate Division of the Supreme Court of New York

Chicago & Eastern Illinois Railroad v. Central Trust Co.

41 A.D. 495, 58 N.Y.S. 809

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

DecidedJune 15, 1899

StatusPublished

This text of 41 A.D. 495 (Chicago & Eastern Illinois Railroad v. Central Trust Co.) 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

Chicago & Eastern Illinois Railroad v. Central Trust Co., 41 A.D. 495, 58 N.Y.S. 809 (N.Y. Ct. App. 1899).

Pincite

Opinion

Per Curiam :

The submission in this case must be dismissed. The provision contained in the submission, that “ none of the admissions herein contained are in any wise to affect either party, or to be regarded as made except for the purpose of this controversy upon the foregoing statement,” is not permissible under the Code. A submission upon an agreed state of facts becomes an action, and admissions contained in" the case must necessarily have all the effect which admissions contained in pleadings and a judgment thereon could possibly have.

The proceedings should be dismissed.

Present — Patterson, O’Brien, Ingraham and McLaughlin, LL

Proceedings dismissed.

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Per Curiam :

The submission in this case must be dismissed. The provision contained in the submission, that “ none of the admissions herein contained are in any wise to affect either party, or to be regarded as made except for the purpose of this controversy upon the foregoing statement,” is not permissible under the Code. A submission upon an agreed state of facts becomes an action, and admissions contained in" the case must necessarily have all the effect which admissions contained in pleadings and a judgment thereon could possibly have.

The proceedings should be dismissed.

Present — Patterson, O’Brien, Ingraham and McLaughlin, LL

Proceedings dismissed.

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Bluebook (online)

41 A.D. 495, 58 N.Y.S. 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-eastern-illinois-railroad-v-central-trust-co-nyappdiv-1899.