New York Supreme Court, 1887

Obart v. Simonds Soap Co.

Obart v. Simonds Soap Co.
New York Supreme Court · Decided October 27, 1887
11 N.Y. St. Rep. 890

Counsel

S. R. Ten Eyck, for app’lt; Henry Stanton, for resp’t.

Obart v. Simonds Soap Co.

Opinion of the Court

Per Curiam.

—The affidavits upon which the defendant moved the court to postpone the trial were uncontradicted, and in the absence of any denial of the facts alleged therein established a proper case for an adjournment to some future day. Under these circumstances it was error for the court below to deny the motion and on this ground the judgment must be reversed and a new trial ordered, with costs to abide the event.

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