Burnell v. Coles
City of New York Municipal Court
Appeal from, an order, granting defendant’s application “ for an open commission ” to- take the testimony of witnesses at Boston.
1Opinion of the CourtSchuchman, J.
The action is brought to- recover $50,000 damages for breach of promise of marriage. The defense sets up, in mitigation of damages, plaintiff’s bad character and immoral and licentious conduct.
A former order to the same effect had been made herein by this court, affirmed by the General Term, but reversed by the Supreme Court (Appellate Term) with leave to renew motion on proper papers. 23 Misc. Rep. 260, 615.
On the renewal motion, resulting in the order now appealed from, the defects, pointed out by the appellate court on the former motion, had been remedied. The administration of justice…
Also in this document: Concurrence.
2Cases cited1 opinion
- Burnell v. ColesCity of New York Municipal Court · 1898