Harper Machinery Co. v. Donegan

Appellate Terms of the Supreme Court of New York

Harper Machinery Co. v. Donegan

134 N.Y.S. 888

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 17, 1912

StatusPublished

This text of 134 N.Y.S. 888 (Harper Machinery Co. v. Donegan) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harper Machinery Co. v. Donegan, 134 N.Y.S. 888 (N.Y. Ct. App. 1912).

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Opinion

SEABURY, J.

The complaint alleges a cause of action for the alleged breach of an express warranty. The answer was a general denial. The answer was amended upon the trial, but the amendment did not demand affirmative relief from the plaintiff in this action. Upon the close of the testimony the plaintiff made a motion to discontinue this action. Thereafter the learned court below rendered judgment in favor of the defendant and against the plaintiff for $432.13. The plaintiff had a right voluntarily to discontinue the action before it wa's finally submitted. Nichols v. Williams, 42 Misc. Rep. 527, 86 N. Y. Supp. 136.

The judgment is reversed, with costs to the appellant, and the complaint is dismissed, with costs of the action to the respondent, without prejudice to a new action. All concur.

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SEABURY, J.

The complaint alleges a cause of action for the alleged breach of an express warranty. The answer was a general denial. The answer was amended upon the trial, but the amendment did not demand affirmative relief from the plaintiff in this action. Upon the close of the testimony the plaintiff made a motion to discontinue this action. Thereafter the learned court below rendered judgment in favor of the defendant and against the plaintiff for $432.13. The plaintiff had a right voluntarily to discontinue the action before it wa's finally submitted. Nichols v. Williams, 42 Misc. Rep. 527, 86 N. Y. Supp. 136.

The judgment is reversed, with costs to the appellant, and the complaint is dismissed, with costs of the action to the respondent, without prejudice to a new action. All concur.

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Bluebook (online)

134 N.Y.S. 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-machinery-co-v-donegan-nyappterm-1912.

Opinion

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