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Pratt v. New York Mercantile Exchange

120 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1910-01-14 English

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p. 1142
PRATT v. NEW YORK MERCANTILE EXCHANGE.
(Supreme Court, Appellate Division, First Department.
January 14, 1910.)

Headnote

Appeal from Special Term, New York County. Application by Arthur V. Pratt for a writ of mandamus against New York Mercantile Exchange. From an order denying motion for alternative writ, petitioner appeals. Reversed.
Grant C. Fox, for appellant.
William H. Wad-hams, for respondent.

We think, upon the affidavit or written proof furnished by the petitioner, a proper case is made for an alternative writ under the provisions of section 2067 of the Code of Civil Procedure. The order appealed from should be reversed, with $10 costs and disbursements, and the motion for an alternative writ granted.

LAUGHLIN and CLARKE, JJ., dissent.