Mark v. Fox

Appellate Terms of the Supreme Court of New York

Mark v. Fox

102 N.Y.S. 464

Appellate Terms of the Supreme Court of New York·Decided February 4, 1907·Published

Opinion

PER CURIAM.

Appeal from order for open commission. Action to recover for goods sold and delivered. The answer alleges plaintiffs’ failure to comply with the contract of sale, whereby defendants suffered damage, $218.35,' which is counterclaimed. Upon this simple issue an open commission was ordered, without opinion of the court below. The moving affidavits fail to state good reasons or necessity for putting either of the parties to the unusual and expensive practice of an open commission.

The order should be reversed, with' costs and disbursements.

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PER CURIAM.

Appeal from order for open commission. Action to recover for goods sold and delivered. The answer alleges plaintiffs’ failure to comply with the contract of sale, whereby defendants suffered damage, $218.35,' which is counterclaimed. Upon this simple issue an open commission was ordered, without opinion of the court below. The moving affidavits fail to state good reasons or necessity for putting either of the parties to the unusual and expensive practice of an open commission.

The order should be reversed, with' costs and disbursements.

Mark v. Fox, 102 N.Y.S. 464 (N.Y. Ct. App. 1907).

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