Notman v. J. M. Guffey Petroleum Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Charles P. Notman and another, composing the firm of James Elwell & Co., against the J. M. Guffey Petroleum Company. From an order denying a motion to dismiss for want of prosecution, defendant appeals.
1Opinion of the CourtSeabury, J.
The defendant made a motion in the lower court to dismiss the complaint on account of the plaintiffs’ neglect to prosecute the action. That motion was denied, and from the order entered thereon the defendant appeals to this court.
Issue was joined six years ago, and issues five years younger have been tried in the same court. These facts presented a prima facie case of loches, and the plaintiffs were under the burden of making it appear to the court that the neglect to bring the action to trial has not been unreasonable. This they did not do.
The opinion of the lower court indicates that its…
2Cited by3 opinions
- Donovan v. JordanNorth Dakota Supreme Court · 1913
- Williams v. JenkinsAppellate Terms of the Supreme Court of New York · 1912
- Notman v. J. M. Guffey Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1911