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Willoughby v. Patten

124 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1910-07-29 English

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Majority

p. 1134
WILLOUGHBY, Respondent, v. PATTEN, Appellant.
(Supreme Court, Appellate Division, Second Department.
July 29, 1910.)

Headnote

Action by Charles G. Willoughby against Dana A. Patten.

Orders of the County Court of Kings county reversed, with $10 costs and disbursements, upon the ground that they are improperly based in part upon conduct during examination subsequent to the motion, that such conduct does not justify the punishment, and that the evidence that the creditor’s rights and remedies were prejudiced does not warrant the fine imposed. See, also, 122 N. Y. Supp. 1150 .