Whitman Co. v. Travers Bailey Co.

Appellate Terms of the Supreme Court of New York

Whitman Co. v. Travers Bailey Co.

96 N.Y.S. 172

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 24, 1905

StatusPublished

Cited by1 cases

This text of 96 N.Y.S. 172 (Whitman Co. v. Travers Bailey Co.) 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

Whitman Co. v. Travers Bailey Co., 96 N.Y.S. 172 (N.Y. Ct. App. 1905).

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Opinion

PER CURIAM.

After the trial had commenced and one witness had been examined, plaintiff moved to discontinue the action, which motion was granted, on payment of $10 costs. The defendant thereafter made a motion to correct the indorsement of the decision made by the justice on the summons by substituting $20 costs for $10 costs. The motion was denied, and . defendant appeals from the [173]*173order denying the motion. Municipal Court Act, Laws 1902, pp. 1585, 1586, c. 580, § 332, subds. 3, 6, and Blum v. O’Connor (Sup.) 84 N. Y. Supp. 207, apply here. Where the summons demands between $200 and $300, and the action is discontinued, the defendant gets $10 costs.

Order affirmed, with costs and disbursements.

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PER CURIAM.

After the trial had commenced and one witness had been examined, plaintiff moved to discontinue the action, which motion was granted, on payment of $10 costs. The defendant thereafter made a motion to correct the indorsement of the decision made by the justice on the summons by substituting $20 costs for $10 costs. The motion was denied, and . defendant appeals from the [173]*173order denying the motion. Municipal Court Act, Laws 1902, pp. 1585, 1586, c. 580, § 332, subds. 3, 6, and Blum v. O’Connor (Sup.) 84 N. Y. Supp. 207, apply here. Where the summons demands between $200 and $300, and the action is discontinued, the defendant gets $10 costs.

Order affirmed, with costs and disbursements.

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Bluebook (online)

96 N.Y.S. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitman-co-v-travers-bailey-co-nyappterm-1905.

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