Hyperlawhypertext legal database Grant v. A. Booth & Co. 105 N.Y.S. 1118

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Grant v. A. Booth & Co.

105 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1907-05-22 English

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p. 1118
GRANT, Appellant, v. A. BOOTH & CO., Respondents, et al.
(Supreme Court, Appellate Division, Fourth Department.
May 22, 1907.)

Headnote

Action by Emma M. Grant against A. Booth & Co., impleaded with others.

Order reversed, with $10 costs and disbursements, and motion denied, without costs, but without prejudice to a renewal of the same. Held, .that the papers upon which the order appealed from was made were insufficient to authorize the granting of the same, and that in no event .should an open commission be granted without imposing upon the party applying therefor payment in advance of the reasonable cost and expense of executing the same.