Guthorn v. Multiple Engineering Co.
This text of 129 N.Y.S. 399 (Guthorn v. Multiple Engineering Co.) 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.
Opinion
PER CURIAM.
After several adjournments upon mutual consent, this case was set for trial March 2d. On that date defendant’s counsel, a material witness in the case, was in Troy upon the return of an order to show cause why an important examination before trial in another case should not be vacated.
As it does not appear that the defendant has been dilatory in bringing this action to trial, and it does appear that he had reasonable excuse for his absence, the order appealed from should be modified, to grant the motion to open the default upon payment of costs to date, and, as so modified, affirmed, without costs to either party of this appeal.
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Cite This Page — Counsel Stack
129 N.Y.S. 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guthorn-v-multiple-engineering-co-nyappterm-1911.