Appellate Terms of the Supreme Court of New York, 1905

Kinsey v. American Hardwood Manufacturing Co.

Kinsey v. American Hardwood Manufacturing Co.
Appellate Terms of the Supreme Court of New York · Decided June 22, 1905
94 N.Y.S. 455 (New York Supplement)

Counsel

Relyea & Bunnell, for appellant!, George W. Simpson, for respondent.

Kinsey v. American Hardwood Manufacturing Co.

Opinion of the Court

PER CURIAM.

It appears that the defendant did not remain in New York for the purpose of attending to business after the trial. He departed from the city within a reasonable time after the trial, and did not remain longer than was necessary to take an early train for home. Having acted reasonably under the circumstances, he was exempt from service, and the order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 ' COStSi

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