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Matter of Sumner

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1913
156 App. Div. 883 (N.Y. App. Div. 1913)

Opinion

March, 1913.

Present — Jenks, P.J., Burr, Carr, Rich and Stapleton, JJ.


The allegations in the petition with respect to the clerk of the court are made upon information and belief, and the sources of information and the grounds of petitioner's belief are not stated. The opposing affidavits affirm positively that the acts complained of were not the acts of said clerk. Upon these papers we do not think that the petitioner has established his right to sue upon this bond. Motion denied, with ten dollars costs, without prejudice to a renewal upon further papers.


Summaries of

Matter of Sumner

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1913
156 App. Div. 883 (N.Y. App. Div. 1913)
Case details for

Matter of Sumner

Case Details

Full title:In the Matter of the Application of Perrin Horton Sumner to Sue upon a…

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

Date published: Mar 1, 1913

Citations

156 App. Div. 883 (N.Y. App. Div. 1913)