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Hardison v. Byrd

Appellate Division of the Supreme Court of New York, Second Department
Oct 8, 1937
252 App. Div. 758 (N.Y. App. Div. 1937)

Summary

In Hardison v. Byrd (252 A.D. 758) an order denying a preference was reversed on a showing of destitution reinforced by fact plaintiff was on home relief and, therefore, a public charge.

Summary of this case from Brown v. Upfold

Opinion

October 8, 1937.


Order dated June 30, 1937, granting reargument and on said reargument denying motion for a preference of the trial of the action on the ground of destitution reversed on the law and the facts, with ten dollars costs and disbursements and motion granted, without costs. The showing of the appellant's destitution was reinforced by the fact that he is on home relief and, therefore, a public charge. This latter element required the granting of the motion. ( Howard v. Staten Island Coach Co., Inc., 247 App. Div. 903; Matarozzo v. Ehrbar, Inc., Id. 904.) Appeal from order dated August 3, 1937, dismissed, without costs. Carswell, Davis, Adel and Taylor, JJ., concur; Hagarty, J., concurs in result.


Summaries of

Hardison v. Byrd

Appellate Division of the Supreme Court of New York, Second Department
Oct 8, 1937
252 App. Div. 758 (N.Y. App. Div. 1937)

In Hardison v. Byrd (252 A.D. 758) an order denying a preference was reversed on a showing of destitution reinforced by fact plaintiff was on home relief and, therefore, a public charge.

Summary of this case from Brown v. Upfold

In Hardison v. Byrd (252 App. Div. 758 [1937]) an order denying a preference was reversed on a showing of destitution reinforced by fact plaintiff was on home relief and, therefore, a public charge.

Summary of this case from Brown v. Upfold
Case details for

Hardison v. Byrd

Case Details

Full title:ALEX HARDISON, Appellant, and EVA AUSTIN, Plaintiff, v. PERLES BYRD and…

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

Date published: Oct 8, 1937

Citations

252 App. Div. 758 (N.Y. App. Div. 1937)

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