Thompson v. Post & McCord
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lena Thompson, as administratrix, etc., from an order of the Supreme Court, made at the Mew York Trial Term and entered in the office of the clerk of the county of Mew York on the 25th day of February, 1908.
1Opinion of the Court
Scott, J.:
The plaintiff appeals from an order denying her motion for a preference. Under section 791 of the Code of Civil Procedure she is entitled to a preference unless she has waived or lost it. It appears that on January 17, 1908, she served a notice of trial for the February term, and on January twentieth served a notice of motion for a preference. The February term commenced on Feb*398ruary third, consequently the notice of motion for a preference was served fourteen days before the commencement of the term, or within the time in which the notice of trial for that term could have been…
2Cases cited3 opinions
- Gilbert v. FinchAppellate Division of the Supreme Court of the State of New York · 1899
- American Exchange National Bank v. Yule Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Rudolph v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Jensen v. WeinhandlerAppellate Division of the Supreme Court of the State of New York · 1921