Borley v. Wheeler & Wilson S. Manufacturing Co.
New York Supreme Court
Appeal from judgment on report of referee. Action by John Borley against Wheeler & Wilson Manufacturing Company to recover for services performed as a canvasser. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtLearned, P. J.
There are no exceptions in this case, except to the refusal to adjourn. Therefore none of the rulings made on defendant’s objection can be heard. This is settled in Briggs v. Waldron, 83 N. Y. 582, where the court would not hear an argument'on rulings, although there was a stipulation that it was understood upon the trial that an exception followed every objection. The reasons given by the court of appeals in that case are very sound; the rule there stated should seldom, if ever, be disregarded.
On the refusal to adjourn, we need only say that adjournments are in the discretion of the trial…
2Cases cited1 opinion
- Briggs v. . WaldronNew York Court of Appeals · 1881
3Cited by3 opinions
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Whitney v. WhitneyNew York Supreme Court · 1894
- Keller v. FeldmanNew York Court of Common Pleas · 1893