From Casetext: Smarter Legal Research

Polhemus v. Polhemus

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1905
108 App. Div. 353 (N.Y. App. Div. 1905)

Opinion

October, 1905.

Present — Hirschberg, P.J., Bartlett, Rich and Miller, JJ.


Judgment reversed, with costs, and complaint dismissed, with costs.


We are of the opinion that under the authority of Flynn v. Brooklyn City R. Co. ( 9 App. Div. 269; affd., 158 N.Y. 493), Fitchett v. Murphy ( 46 App. Div. 181) and Greaves v. Gouge ( 69 N.Y. 154), this action was prematurely brought. There is no allegation in the complaint, and no proof was made upon the trial, that the plaintiff applied to the corporation to commence the action, or that it had refused to prosecute or unreasonably delayed the commencement of the action. The judgment must, therefore, be dismissed, with costs.


Summaries of

Polhemus v. Polhemus

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1905
108 App. Div. 353 (N.Y. App. Div. 1905)
Case details for

Polhemus v. Polhemus

Case Details

Full title:Elsa C. Polhemus, Respondent, v. Horace G. Polhemus and Others, Appellants

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

Date published: Oct 1, 1905

Citations

108 App. Div. 353 (N.Y. App. Div. 1905)
95 N.Y.S. 325

Citing Cases

Polhemus v. Polhemus

After hearing the original argument we reversed the judgment and dismissed the complaint. (See Polhemus v.…