Appellate Division of the Supreme Court of New York, 1906

Memphis Trotting Ass'n v. Smathers

Appellate Division of the Supreme Court of New York · Decided July 12, 1906

114 A.D. 376; 99 N.Y.S. 1057; 1906 N.Y. App. Div. LEXIS 2108

Counsel

John J. Adams, for the appellant., John F. Cloonan, for the respondent.

Opinion of the Court

Per Curiam :

It would appear that the original affidavit has been destroyed, and solely because of the insufficiency of the papers in showing that a copy is still in existence, and the fact that no motion was made for the inspection of such copy, we think that the proper disposition will be to affirm the order, with ten dollars costs and disbursements, but with -leave to move for the inspection of the copy if so advised. • .

Present — O’Brien, P. J., McLaughlin, Laughlin, Clarke and Houghton, JJ.

Order affirmed, with ten dollars costs and disbursements, with leave to move for inspection of copy affidavit, if so advised. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.