Zimmerman v. Dutchess Costume Co.

Appellate Terms of the Supreme Court of New York

Zimmerman v. Dutchess Costume Co.

117 N.Y.S. 117

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 27, 1909

StatusPublished

This text of 117 N.Y.S. 117 (Zimmerman v. Dutchess Costume Co.) 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

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

Pincite

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.

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Bluebook (online)

117 N.Y.S. 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zimmerman-v-dutchess-costume-co-nyappterm-1909.