Appellate Terms of the Supreme Court of New York, 1908

Morgan v. Whalen

Appellate Terms of the Supreme Court of New York · Decided December 16, 1908 · Hendrick

113 N.Y.S. 609 (New York Supplement)

Counsel

Affirmed. Argued before GIEGERICH, HENDRICK, and FORD, JJ., David M. Neuberger, for appellant., William Henry Corbitt, for respondent.

Opinion of the Court

HENDRICK, J.

The facts recited in the .order must be taken as conclusive by this court. From those facts it appears that the case was on the day calendar a great many times prior to the date of inquest, and on several of such occasions it was answered “Ready” by both sides. The default was a negligent, if not an intentional one, and the discretion of the trial court was not abused.

Order affirmed, with $10 costs and disbursements. All concur.

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