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Horton v. Thomas McNally Co.

137 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1912-11-01 English

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p. 1123
HORTON et al. v. THOMAS McNALLY CO.
(Supreme Court, Appellate Division, Second Department.
November 1, 1912.)

Headnote

Action by Ohauncey S. Horton and others against the Thomas McNally Company.

Without considering the merits of the controversy or the validity of the order appealed from, but solely in view of the intense personal hostility between the receivers, disclosed by the papers, we think the progress of the important public work involved will be expedited by a denial of the stay asked for pending the hearing and determination' of the appeal. The motion is therefore denied, without costs, and the temporary stay vacated, but without prejudice to a renewal of the motion, should a speedy hearing of the appeal be unduly delayed by the respondents. See, also, 137 N. Y. Supp. 1123.