In re the American Surety Co.

The Superior Court of New York City

In re the American Surety Co.

19 Jones & S. 531

The Superior Court of New York City·Decided February 2, 1885·Published

Opinion

Per Curiam.

The rule asked is substantially a repetition of the statute on the subject, and this statute has now been so often construed in cases reported, that a rule is not needed for the practical application of the statute. If there should be, the opinion of the court being that there is not anything in a rule of the kind which might be intended to direct what the court at special, term should do in each particular litigation, such a rule would contravene the statute which intends that each application shall be passed upon on its own merits after hearing both sides.

The application should be denied.

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Per Curiam.

The rule asked is substantially a repetition of the statute on the subject, and this statute has now been so often construed in cases reported, that a rule is not needed for the practical application of the statute. If there should be, the opinion of the court being that there is not anything in a rule of the kind which might be intended to direct what the court at special, term should do in each particular litigation, such a rule would contravene the statute which intends that each application shall be passed upon on its own merits after hearing both sides.

The application should be denied.

In re the American Surety Co., 19 Jones & S. 531 (N.Y. Super. Ct. 1885).

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