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Dadirrian v. Theodorian

32 N.Y.S. 1141 Court N.Y. Gen. Term Decision date 1895-02-11 English

Delivered by PRATT, J.

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p. 1141
DADIRRIAN v. THEODORIAN.
(Supreme Court, General Term, Second Department.
February 11, 1895.)
Action by Dadirrian against Theodorian.
Clark Bell, for appellant. Betts, Hyde & Betts, for respondent.

The question presented by this appeal is not free from difficulty; but there are some considerations which strongly favor the plaintiff, who seems to have expended considerable money in bringing his article into public notice. Such discretion as the special term may exercise is not willingly interfered with, and the trial upon the merits which either party can speedily bring on will afford a more satisfactory decision than can be had upon affidavits. Order affirmed, without costs.