Bissel v. Cornwell

150 N.Y.S. 1077 Court N.Y. App. Div. Decision date 1914-11-25 English

Contents

Majority

p. 1077

BISSEL, Respondent, v. CORNWELL, Appellant, et al.

(Supreme Court, Appellate Division, Fourth Department.

November 25, 1914.)

Headnote

Action by Thomas A. Bissell against William. C. Cornwell, impleaded with others.

Order affirmed, with $10 costs and disbursements.

FOOTE and LAMBERT, JJ., dissent upon the ground that the delay of over 11 years by the executors in moving to be substituted for the deceased plaintiff is gross laches, for which no sufficient excuse is shown.