Kerr Steamship Co. v. Indemnity Insurance Co. of North America

Appellate Division of the Supreme Court of New York

Kerr Steamship Co. v. Indemnity Insurance Co. of North America

205 A.D. 898

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1923·Published

Opinion

Order in so far as appealed from affirmed, with ten dollars costs and disbursements. The granting of the preference was discretionary. (Empire City Racing Assn. v. Nat. Fair & Exposition Assn., 167 App. Div. 126.) We are also of the opinion that in the circumstances shown by the record the refusal to grant costs on. the denial of the motion for a reargument was not an improper exercise of discretion. " The alleged equitable counterclaim, if proved, would constitute a complete defense to the action and, therefore, does not present the case of a right to a trial of that issue separately. (See Bennett v. Edison Electric Ill. Co., 164 N. Y. 131; Loewenthal v. Haines, 160 App. Div. 503; White v. Shonts, 154 id. 428.) Kelly, P. J., Jaycox, Kelby, Young and Kapper, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order in so far as appealed from affirmed, with ten dollars costs and disbursements. The granting of the preference was discretionary. (Empire City Racing Assn. v. Nat. Fair & Exposition Assn., 167 App. Div. 126.) We are also of the opinion that in the circumstances shown by the record the refusal to grant costs on. the denial of the motion for a reargument was not an improper exercise of discretion. " The alleged equitable counterclaim, if proved, would constitute a complete defense to the action and, therefore, does not present the case of a right to a trial of that issue separately. (See Bennett v. Edison Electric Ill. Co., 164 N. Y. 131; Loewenthal v. Haines, 160 App. Div. 503; White v. Shonts, 154 id. 428.) Kelly, P. J., Jaycox, Kelby, Young and Kapper, JJ., concur.

Kerr Steamship Co. v. Indemnity Insurance Co. of North America, 205 A.D. 898 (N.Y. Ct. App. 1923).

Pincite

205 A.D. 898 (Kerr Steamship Co. v. Indemnity Insurance Co. of North America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related