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MacEvoy v. Tidewater Oil Co.

151 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1915-02-26 Docket No. 6937 English

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p. 1128
MacEVOY, Respondent, v. TIDEWATER OIL CO., Appellant.
(No. 6937.)
(Supreme Court, Appellate Division, First Department.
February 26, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Clifford F. MacEvoy, as trustee in bankruptcy of Oswin W. Shelly, against the Tidewater Oil Company. From an order opening plaintiff’s default, defendant appeals.
Modified and affirmed.
Walter B. Walker, of New York City, for appellant. David W. Kahn, of New York City, for respondent.

Order appealed from modified, by striking out the words “without prejudice to any proceedings heretofore had, and without changing the date of issue,” and inserting in place thereof the words, “Cause to retain its date of issue and place upon calendar, if defendant so elects,” and, as modified, affirmed, without costs to either party.