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Lee v. Corn

56 N.Y. St. Rep. 902 Court N.Y. City Ct. Decision date 1893-12-08 English

Delivered by Ehrlich, C. J.

Contents

Majority

p. 902
Filed December 8, 1893.
William H. Lee et al., App’lts, v. Meyer Corn et al., Resp’ts.

Headnote

Appeal from order directing exceptions to be heard, etc., of trial judge and motion for allowances, etc.
«7. Baptist Marshall, {J. D. Hallen, of counsel,) for app’lts; Paul Wilcox, (B. Lewinson, of counsel,) for resp’ts.

When this case was at a previous general term, 51 St. Rep. 157 , 945 ; the law controlling it was laid down, and this seems to have been followed by the learned trial judge, as authority for dismissing the complaint. We find no error in the disposition made. The confession of judgment was never canceled of record, but kept alive. Under such circumstances, (he election made was binding, and the plaintiff’s are not in a position to recall it. The exceptions will be overruled, and judgment ordered for defendant, with costs and costs of appeal. The motion' for an extra allowance will be granted, and 5 per cent awarded. All concur.