Summary
In Ritter v. Worth (58 N.Y. 627) the court held that proof of pendency of another action between the same parties to recover possession of the same premises is a defense.
Summary of this case from Goodsite Realty Co., Inc., v. HaddadOpinion
Argued April 23, 1874
Decided June 16, 1874
S.W. Judson for the appellant.
G.D. Brower for the respondents.
GROVER, J., reads for reversal and new trial.
All concur on the ground of error in rejecting evidence of former suit pending, and also hold the rejection of proof as to the delivery of deed to Walters error; disagreeing with opinion on this point.
Judgment reversed.