Evans v. Cohen

Appellate Division of the Supreme Court of New York

Evans v. Cohen

264 A.D. 948, 36 N.Y.S.2d 530, 1942 N.Y. App. Div. LEXIS 5477

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 4, 1942

StatusPublished

Cited by2 cases

This text of 264 A.D. 948 (Evans v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. Cohen, 264 A.D. 948, 36 N.Y.S.2d 530, 1942 N.Y. App. Div. LEXIS 5477 (N.Y. Ct. App. 1942).

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Opinion

Order directing that the petition of Marcellus H. Evans for member of the House of Representatives from the Fifth Congressional District in the State of New York, filed with the Board of Elections of the City of New York, be restored and reinstated so that the name of the petitioner shall appear as a candidate for the aforesaid office on the ballot of the Democratic party for the primary election to be held on August 11, 1942, reversed on the law and the facts, without costs, and application denied, without costs. The court is of the opinion that within the purview of section 135 of the Election Law the subscribing witness Greve did not know the persons who subscribed to the petition. The fact is, as disclosed by the testimony, that Greve did not know those persons. The validity of their signatures is the only question involved. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Order directing that the petition of Marcellus H. Evans for member of the House of Representatives from the Fifth Congressional District in the State of New York, filed with the Board of Elections of the City of New York, be restored and reinstated so that the name of the petitioner shall appear as a candidate for the aforesaid office on the ballot of the Democratic party for the primary election to be held on August 11, 1942, reversed on the law and the facts, without costs, and application denied, without costs. The court is of the opinion that within the purview of section 135 of the Election Law the subscribing witness Greve did not know the persons who subscribed to the petition. The fact is, as disclosed by the testimony, that Greve did not know those persons. The validity of their signatures is the only question involved. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

264 A.D. 948, 36 N.Y.S.2d 530, 1942 N.Y. App. Div. LEXIS 5477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-cohen-nyappdiv-1942.

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