Tenesei v. Societa Italiano Abruzzo Citro Gabriele Rosetti

Appellate Terms of the Supreme Court of New York

Tenesei v. Societa Italiano Abruzzo Citro Gabriele Rosetti

23 Misc. 758, 50 N.Y.S. 685

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 15, 1898

StatusPublished

This text of 23 Misc. 758 (Tenesei v. Societa Italiano Abruzzo Citro Gabriele Rosetti) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenesei v. Societa Italiano Abruzzo Citro Gabriele Rosetti, 23 Misc. 758, 50 N.Y.S. 685 (N.Y. Ct. App. 1898).

Pincite

Opinion

Per Curiam.

The justice, in rendering judgment for the defendant, decided that plaintiff had failed to- comply with the bylaws, and furthermore, that his sickness was not such as to prevent him from working. The return fails to show whether, the by-laws of the society were admitted in evidence, but the following appears towards the end of the stenographer’s minutes:

“Articles 67 and 71, and articles 80 and 82, to be looked at.” • We assume from this that; the said provisions were considered by both parties as having been admitted in evidence, and, therefore, a copy of the same should be annexed to .the return in order that we may determine whether such .finding of the justice is supported by the evidence. For these reasons a reargument must be ordered, ‘the return to be amended meanwhile. ■

Present: Beekmau, P. J., Gildebsleeve and Giegebich, JJ.

Reargument ordered, the return to be amended.

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Per Curiam.

The justice, in rendering judgment for the defendant, decided that plaintiff had failed to- comply with the bylaws, and furthermore, that his sickness was not such as to prevent him from working. The return fails to show whether, the by-laws of the society were admitted in evidence, but the following appears towards the end of the stenographer’s minutes:

“Articles 67 and 71, and articles 80 and 82, to be looked at.” • We assume from this that; the said provisions were considered by both parties as having been admitted in evidence, and, therefore, a copy of the same should be annexed to .the return in order that we may determine whether such .finding of the justice is supported by the evidence. For these reasons a reargument must be ordered, ‘the return to be amended meanwhile. ■

Present: Beekmau, P. J., Gildebsleeve and Giegebich, JJ.

Reargument ordered, the return to be amended.

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Bluebook (online)

23 Misc. 758, 50 N.Y.S. 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tenesei-v-societa-italiano-abruzzo-citro-gabriele-rosetti-nyappterm-1898.