Hatch v. Cary — 58 N.Y.S. 1142

Majority

p. 1142

HATCH, Appellant, v. CARY, Respondent.

(City Court of New York,

General Term.

May 26, 1899.)

Headnote

Action by Edward P. Hatch against Edward L. Cary. From an order permitting defendant to pay $100 into court and amend his answer, plaintiff appealed.

Modified and affirmed.

J. J. Karby O’Kennedy, for appellant.

John T. Hartigan, for respondent.

The order appealed from is modified so as to read- as follows: “Ordered, that the defendant have leave to pay into court the sum of $100, admitted by him to be due plaintiff in this case, and the defendant have leave to amend his answer in this action so as to allege, as a further and separate defense, that said amount has been paid into court to the use of the plaintiff. It is further ordered that upon the payment of said sum into court the plaintiff may, if he so elects, discontinue this action, without costs.” And as so modified the order is affirmed, without costs.