Hyperlawhypertext legal database Dayton v. Kimball 127 N.Y.S. 1117

← Cases

Dayton v. Kimball

127 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1911-02-24 English

Contents

Majority

p. 1117
DAYTON et al., Respondents, v. KIMBALL, Appellant.
(Supreme Court, Appellate Division, Second Department.
February 24, 1911.)

Headnote

Action by Ralph E. Dayton and Joseph Montgomery, copartners, etc., against John W. Kimball.

Judgment of the Municipal Court modified, by striking therefrom the words “adjudged that the counterclaim of the defendant herein be and the same hereby is dismissed on the merits,” on the ground that, with consent of the plaintiffs, the counterclaim was withdrawn from the consideration of the court, and, as so modified, the judgment is affirmed, without costs.