Memphis Trotting Ass'n v. Smathers

Appellate Division of the Supreme Court of New York

Memphis Trotting Ass'n v. Smathers

114 A.D. 376, 99 N.Y.S. 1057, 1906 N.Y. App. Div. LEXIS 2108

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1906·Published

Opinion

Per Curiam :

It would appear that the original affidavit has been destroyed, and solely because of the insufficiency of the papers in showing that a copy is still in existence, and the fact that no motion was made for the inspection of such copy, we think that the proper disposition will be to affirm the order, with ten dollars costs and disbursements, but with -leave to move for the inspection of the copy if so advised. • .

Present — O’Brien, P. J., McLaughlin, Laughlin, Clarke and Houghton, JJ.

Order affirmed, with ten dollars costs and disbursements, with leave to move for inspection of copy affidavit, if so advised. Settle order on notice.

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Per Curiam :

It would appear that the original affidavit has been destroyed, and solely because of the insufficiency of the papers in showing that a copy is still in existence, and the fact that no motion was made for the inspection of such copy, we think that the proper disposition will be to affirm the order, with ten dollars costs and disbursements, but with -leave to move for the inspection of the copy if so advised. • .

Present — O’Brien, P. J., McLaughlin, Laughlin, Clarke and Houghton, JJ.

Order affirmed, with ten dollars costs and disbursements, with leave to move for inspection of copy affidavit, if so advised. Settle order on notice.

Memphis Trotting Ass'n v. Smathers, 114 A.D. 376, 99 N.Y.S. 1057, 1906 N.Y. App. Div. LEXIS 2108 (N.Y. Ct. App. 1906).

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