Farrand v. Wittner

Appellate Terms of the Supreme Court of New York

Farrand v. Wittner

140 N.Y.S. 85

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 14, 1913

StatusPublished

Cited by1 cases

This text of 140 N.Y.S. 85 (Farrand v. Wittner) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farrand v. Wittner, 140 N.Y.S. 85 (N.Y. Ct. App. 1913).

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Opinion

BIJUR, J.

Defendant’s affidavit, to the effect that he had produced all the books and papers relating to the transactions which were in his possession, and explaining that the balance had been lost when he moved from his place of business, was uncontradicted. There would, therefore, appear to be no ground for predicating any punishment of the defendant on his failure to produce that which was either nonexistent or, at least, not. available to him. See People v. McClellan, 191 N. Y. 341, 84 N. E. 68; Chartered Bank of India v. Fire Ins. Co., 145 App. Div. 307, 129 N. Y. Supp. 1067; Ammidown v. Century Rubber Co., 14 N. Y. Supp. 769.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

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BIJUR, J.

Defendant’s affidavit, to the effect that he had produced all the books and papers relating to the transactions which were in his possession, and explaining that the balance had been lost when he moved from his place of business, was uncontradicted. There would, therefore, appear to be no ground for predicating any punishment of the defendant on his failure to produce that which was either nonexistent or, at least, not. available to him. See People v. McClellan, 191 N. Y. 341, 84 N. E. 68; Chartered Bank of India v. Fire Ins. Co., 145 App. Div. 307, 129 N. Y. Supp. 1067; Ammidown v. Century Rubber Co., 14 N. Y. Supp. 769.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

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Bluebook (online)

140 N.Y.S. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrand-v-wittner-nyappterm-1913.

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