Cohen v. Interurban St. Ry. Co.

Appellate Terms of the Supreme Court of New York

Cohen v. Interurban St. Ry. Co.

90 N.Y.S. 479

Appellate Terms of the Supreme Court of New York·Decided November 10, 1904·Published

Opinion

PER CURIAM.

Plaintiff did not rely upon the fact of infancy alone to secure a preference under section 791, Code Civ. Proc., [480]*480but other circumstances are specifically set forth in the moving papers upon which the discretion of the court might well have been exercised. Morse v. Press Publishing Co., 71 App. Div. 352, 75 N. Y. Supp. 976; Eising v. Young, 38 Misc. Rep. 12, 76 N. Y. Supp. 698.

It is further claimed that the order was made in violation of rule 3 of the City Court, but no objection upon this ground was taken in the court below, and it cannot be presented for the first time on appeal.

Order affirmed, with costs and disbursements.

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PER CURIAM.

Plaintiff did not rely upon the fact of infancy alone to secure a preference under section 791, Code Civ. Proc., [480]*480but other circumstances are specifically set forth in the moving papers upon which the discretion of the court might well have been exercised. Morse v. Press Publishing Co., 71 App. Div. 352, 75 N. Y. Supp. 976; Eising v. Young, 38 Misc. Rep. 12, 76 N. Y. Supp. 698.

It is further claimed that the order was made in violation of rule 3 of the City Court, but no objection upon this ground was taken in the court below, and it cannot be presented for the first time on appeal.

Order affirmed, with costs and disbursements.

Cohen v. Interurban St. Ry. Co., 90 N.Y.S. 479 (N.Y. Ct. App. 1904).

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Opinion

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