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F. and D. Company v. Uppercu

Appellate Division of the Supreme Court of New York, First Department
May 1, 1914
163 App. Div. 879 (N.Y. App. Div. 1914)

Opinion

May, 1914.

Present — Ingraham, P.J., Clarke, Scott, Dowling and Hotchkiss, JJ.


The action is upon a "bond or other obligation for the payment of a specific sum of money," and is, therefore, one of those covered by and provided for in subdivision 2 of rule 5 of the Rules for the Regulation of the Trial Terms of the Supreme Court in the First Judicial District. We find in the papers on appeal no sufficient ground for denying plaintiff's motion to place it upon the special calendar for trial. It is of no moment that defendant offers a defense which may take some time to try. The object of including cases of this character upon the special calendar is to compel a speedy determination of claims arising upon positive obligations to pay money. Whether the case takes a longer or shorter time to try is immaterial. The order appealed from should be reversed, with ten dollars costs and disbursements, and motion granted.


Order reversed, with ten dollars costs and disbursements, and motion granted.


Summaries of

F. and D. Company v. Uppercu

Appellate Division of the Supreme Court of New York, First Department
May 1, 1914
163 App. Div. 879 (N.Y. App. Div. 1914)
Case details for

F. and D. Company v. Uppercu

Case Details

Full title:F. AND D. COMPANY, Appellant, v . INGLIS M. UPPERCU and FIDELITY AND…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1914

Citations

163 App. Div. 879 (N.Y. App. Div. 1914)
147 N.Y.S. 253

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