Hirn v. Behrer

Appellate Division of the Supreme Court of New York

Hirn v. Behrer

175 A.D. 900, 160 N.Y.S. 1133

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

DecidedOctober 15, 1916

StatusPublished

This text of 175 A.D. 900 (Hirn v. Behrer) 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

Hirn v. Behrer, 175 A.D. 900, 160 N.Y.S. 1133 (N.Y. Ct. App. 1916).

Pincite

Opinion

It would seem that the plaintiff intentionally suffered his default to be taken after failure of his forecast when his case, then on the ready calendar, would be reached for trial. The terms imposed are too light. The order is, therefore, modified to make the opening of the default conditioned upon the payment of forty dollars, and as so modified it is affirmed, without costs, but with disbursements to the appellant. Jenks, P. J., Carr, Mills, Rich and Putnam, JJ., concurred.

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It would seem that the plaintiff intentionally suffered his default to be taken after failure of his forecast when his case, then on the ready calendar, would be reached for trial. The terms imposed are too light. The order is, therefore, modified to make the opening of the default conditioned upon the payment of forty dollars, and as so modified it is affirmed, without costs, but with disbursements to the appellant. Jenks, P. J., Carr, Mills, Rich and Putnam, JJ., concurred.

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Bluebook (online)

175 A.D. 900, 160 N.Y.S. 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirn-v-behrer-nyappdiv-1916.