Houseman v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of New York

Houseman v. New York Central & Hudson River Railroad

169 A.D. 916, 154 N.Y.S. 1126

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1915·Published

Opinion

Order affirmed, without costs of this appeal to either party. Held, that while the moving affidavits apparently do not state facts upon which an order for an open commission should have been granted, yet, in view of the laches of the defendant and the correspondence between the attorneys for the respective parties read upon the application herein, and the further fact that the commissions have been executed, the order should be affirmed. All concurred.

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Order affirmed, without costs of this appeal to either party. Held, that while the moving affidavits apparently do not state facts upon which an order for an open commission should have been granted, yet, in view of the laches of the defendant and the correspondence between the attorneys for the respective parties read upon the application herein, and the further fact that the commissions have been executed, the order should be affirmed. All concurred.

Houseman v. New York Central & Hudson River Railroad, 169 A.D. 916, 154 N.Y.S. 1126 (N.Y. Ct. App. 1915).

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