Hyperlawhypertext legal database Winslow v. Carthage, Sackett Harbor & Western Railroad 20 N.Y.S. 304

← Cases

Winslow v. Carthage, Sackett Harbor & Western Railroad

20 N.Y.S. 304 Court N.Y. Gen. Term Decision date 1892-05-13 English

Contents

Majority

p. 304
Winslow, Appellant, v. Carthage, S. H. & W. R. Co. et al., Respondents.
(Supreme Court, General Term, Fourth Department.
May 13, 1892.)

Headnote

Action by Norris Winslow, trustee, against the Carthage, Sackett Harbor & Western Railroad Company and others.

No opinion. Order reversed, with $10 costs and disbursements. Held, (1) that an order on motion of one of several defendants directing a discontinuance of an action based upon conflicting affidavits is irregular; (2) whether the tender was good and effectual should not be determined upon conflicting affidavits.