Spinney v. Field

New York Supreme Court

Spinney v. Field

17 N.Y.S. 890, 43 N.Y. St. Rep. 766, 1892 N.Y. Misc. LEXIS 567

DecidedFebruary 18, 1892

StatusPublished

This text of 17 N.Y.S. 890 (Spinney v. Field) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spinney v. Field, 17 N.Y.S. 890, 43 N.Y. St. Rep. 766, 1892 N.Y. Misc. LEXIS 567 (N.Y. Super. Ct. 1892).

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Opinion

Van Brunt, P. J.

This is an appeal from an order granting a commission upon the ground that the commissioner named is an improper person. The only suggestion upon which is based the impropriety of his selection is that his name was suggested by the witness. That the commissioner has any' relations with the plaintiff or the witness is not shown; and the plaintiff’s attorney frankly told defendants that the name had been suggested by the witness. Without something more substantial than mere suspicion, in view of the difficulty in getting a commissioner, we do not think the order should be interfered with. The order should be affirmed, with $10 costs and disbursements. All concur.

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Van Brunt, P. J.

This is an appeal from an order granting a commission upon the ground that the commissioner named is an improper person. The only suggestion upon which is based the impropriety of his selection is that his name was suggested by the witness. That the commissioner has any' relations with the plaintiff or the witness is not shown; and the plaintiff’s attorney frankly told defendants that the name had been suggested by the witness. Without something more substantial than mere suspicion, in view of the difficulty in getting a commissioner, we do not think the order should be interfered with. The order should be affirmed, with $10 costs and disbursements. All concur.

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Bluebook (online)

17 N.Y.S. 890, 43 N.Y. St. Rep. 766, 1892 N.Y. Misc. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spinney-v-field-nysupct-1892.