Public-domain · open source
OpenJurist

102 N.Y.S. 464

Mark v. Fox

Appellate Terms of the Supreme Court of New York · decided 1907-02-04

Action by Cyrus Mark and others against Hugh C. Eox and others. From an order of the City Court of New York granting a motion for a commission to take testimony on oral questions, defendants appeal. Reversed.

Decided 1907-02-04

PER CURIAM.

¶1Appeal from order for open commission. Action to recover for goods sold and delivered. The answer alleges plaintiffs’ failure to comply with the contract of sale, whereby defendants suffered damage, $218.35,' which is counterclaimed. Upon this simple issue an open commission was ordered, without opinion of the court below. The moving affidavits fail to state good reasons or necessity for putting either of the parties to the unusual and expensive practice of an open commission.

¶2The order should be reversed, with' costs and disbursements.

/102/nys/464 · .json · Public domain