3 How. Pr. 414 | N.Y. Sup. Ct. | 1849
Admitting that the pendency of the first suit at the time of the commencement of the second, would be a defence to the latter, I think, upon the plea or answer of the Defendant, showing the pendency of the first suit, it was competent for the Plaintiff to discontinue the first suit, and a replication of such discontinuance is a good
The defence set up in the answer does not go to the merits of the action, and I can see no good reason why the former practice should not apply in this respect. Judgment is therefore ordered in favor of the Plaintiff against the Defendant for the amount claimed in the complaint.