Taft v. Grosfent
New York Supreme Court
IN error, on certiorari. Grosfent brought an action against Taft, before a justice, and after issue joined between the parties, the justice adjourned the trial of the cause until 10 o’clock in the forenoon of the 21st November• Taft appeared at the hour and place appointed, and being told that the justice could not come until 12, waited near three hours, and finding the justice did not attend, he went away ; and afterwards, just before one o’clock P. M. the justice came, and…
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IN error, on certiorari. Grosfent brought an action against Taft, before a justice, and after issue joined between the parties, the justice adjourned the trial of the cause until 10 o’clock in the forenoon of the 21st November• Taft appeared at the hour and place appointed, and being told that the justice could not come until 12, waited near three hours, and finding the justice did not attend, he went away ; and afterwards, just before one o’clock P. M. the justice came, and the plain-J ’ r tiff being present, the defendant was called, and not ap- . ... i i • i , pearmg, the justice proceeded…
1Per curiam
The defendant below waited a reasonable time, and the cause became discontinued by the delay of the justice to attend; for it was an unreasonable delay. The defendant below, during the three hours he waited, was told, that the justice had said he could not come until lx o’clock, and he waited near an hour after that time. The judgment below must be reversed.
Judgment reversed.
2Cited by1 opinion
- Sigler v. ShafferTrumbull Circuit Court · 1906