Richard v. Nattional Distilling Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Oscar L. Richard and another against the National Distilling Company. From an order denying a motion to vacate a judgment taken on inquest on default, defendant appeals.
1Opinion of the CourtScott, P. J.
It is always with great hesitation that we interfere with orders made upon motions which appeal to the discretion of the court below, and we do so only when it appears that an injustice may have been done by the order appealed from. It is quite evident that defendant would have no chance at all of establishing its defense unless it could avail itself of the testimony of the witness Van Emden. It is true that defendant’s attorneys did not take steps to secure his attendance until June 16th, but it is quite apparent that there was no intention or expectation on either side that the case would…
2Cited by3 opinions
- In re the Estate of TaftNew York Surrogate's Court · 1932
- Damsky v. DochtermanAppellate Terms of the Supreme Court of New York · 1909
- Ginsberg v. BorensteinAppellate Terms of the Supreme Court of New York · 1911