Zimmerman v. Dutchess Costume Co.

Appellate Terms of the Supreme Court of New York

Zimmerman v. Dutchess Costume Co.

117 N.Y.S. 117

Appellate Terms of the Supreme Court of New York·Decided May 27, 1909·Published

Opinion

PER CURIAM.

The court had no power to impose these costs. The excuse given for the default, to wit, attendance at the wrong part Of the court, the affidavit of merits, a willingness to try the cause, the financial responsibility of the defendant, and the defense of payment, all present sufficient reasons for granting the motion, and its denial was an abuse of discretion.

Order reversed, judgment vacated, default opened, and case set down for trial, with costs to appellant to abide the event.

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PER CURIAM.

The court had no power to impose these costs. The excuse given for the default, to wit, attendance at the wrong part Of the court, the affidavit of merits, a willingness to try the cause, the financial responsibility of the defendant, and the defense of payment, all present sufficient reasons for granting the motion, and its denial was an abuse of discretion.

Order reversed, judgment vacated, default opened, and case set down for trial, with costs to appellant to abide the event.

Zimmerman v. Dutchess Costume Co., 117 N.Y.S. 117 (N.Y. Ct. App. 1909).

Pincite

117 N.Y.S. 117 (Zimmerman v. Dutchess Costume Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.