Mahon v. Remington

Appellate Division of the Supreme Court of New York

Mahon v. Remington

256 A.D. 889, 9 N.Y.S.2d 47, 1939 N.Y. App. Div. LEXIS 9264

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

DecidedJanuary 5, 1939

StatusPublished

Cited by4 cases

This text of 256 A.D. 889 (Mahon v. Remington) 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

Mahon v. Remington, 256 A.D. 889, 9 N.Y.S.2d 47, 1939 N.Y. App. Div. LEXIS 9264 (N.Y. Ct. App. 1939).

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Opinion

Judgment affirmed, with costs. Memorandum: The order discontinuing plaintiffs’ prior action against defendants annulled all proceedings had in connection therewith and rendered the pleadings ineffective. (Loeb v. Willis, 100 N. Y. 231, 235. See 2 Carmody’s N. Y. Practice, p. 1481, § 811.) We are also of the opinion that the judgment is in accord with recently established law. (Johnson v. Meyer, 268 N. Y. 701; Rochester Trust & Safe Deposit Co. v. Hatch, 273 id. 507; Union Trust Co. of Rochester v. Kaplan, 249 App. Div. 280; Genesee Valley Nat. Bank & Trust Co. v. Collister, 248 id. 671; Genesee Valley Nat. Bank & Trust Co. v. Collister, No. 2, 249 id. 924.) All concur. (The judgment is for plaintiffs in an action for interest due on a bond and mortgage.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Judgment affirmed, with costs. Memorandum: The order discontinuing plaintiffs’ prior action against defendants annulled all proceedings had in connection therewith and rendered the pleadings ineffective. (Loeb v. Willis, 100 N. Y. 231, 235. See 2 Carmody’s N. Y. Practice, p. 1481, § 811.) We are also of the opinion that the judgment is in accord with recently established law. (Johnson v. Meyer, 268 N. Y. 701; Rochester Trust & Safe Deposit Co. v. Hatch, 273 id. 507; Union Trust Co. of Rochester v. Kaplan, 249 App. Div. 280; Genesee Valley Nat. Bank & Trust Co. v. Collister, 248 id. 671; Genesee Valley Nat. Bank & Trust Co. v. Collister, No. 2, 249 id. 924.) All concur. (The judgment is for plaintiffs in an action for interest due on a bond and mortgage.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

256 A.D. 889, 9 N.Y.S.2d 47, 1939 N.Y. App. Div. LEXIS 9264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahon-v-remington-nyappdiv-1939.

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