Allen v. Becket
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Willard S. Allen against Mary A. Becket, doing business under the name of Haeger Storage Warehouses, for conversion. From an order granting defendant’s motion for a resettlement of a previous order, plaintiff appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
On May 23d the defendant, upon an affidavit made by her attorney setting forth that, upon the return of the motion made by the plaintiff to vacate the defendant’s “second” order, which motion was heard on May 22d (see appeal from order No. 4, 84 N. Y. Supp. 1012), the defendant “appeared and opposed the motion, making a preliminary objection thereto that the $10 costs awarded in the order of May 4th had not been paid, although more than ten days had elapsed since the order was served upon plaintiff’s attorney, which plaintiff’s attorney admitted to be true,” obtained an order to show cause,…
2Cases cited2 opinions
- Allen v. BecketAppellate Terms of the Supreme Court of New York · 1903
- Allen v. BecketAppellate Terms of the Supreme Court of New York · 1903
3Cited by1 opinion
- Weber v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1916