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Taft v. Grosfent

Taft against Grosfent

Taft v. Grosfent, 5 Johns. 353 (N.Y. Sup. Ct. 1810)
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Court
New York Supreme Court · State Trial Courts
Decided
February 15, 1810
Citations
5 Johns. 353
Headnotes
Wliere a jus^¿e^tíi^io (p¡fe¡/al ant appeared at the time and. place, and, wait-went'away/and /ooZ^f'er/amt ^ea^the11 cause on the part of the plaintiff, and gave judgment against the defendant, it was held to be erroneous. A party is bound to wait a reasonable. tlme 0Illy*
Summary
IN error, on certiorari. Grosfent brought an action against Taft, before a justice, and after issue joined between the parties, the justice adjourned the trial of the cause until 10 o’clock in the forenoon of the 21st November• Taft appeared at the hour and place appointed, and being told that the justice could not come until 12, waited near three hours, and finding the justice did not attend, he went away ; and afterwards, just before one o’clock P. M. the justice came, and the plain-J ’ r tiff being present, the defendant was called, and not ap- . ... i i • i , pearmg, the justice proceeded in the cause, and gave . . , . . i r i. judgment against him, by default.

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Opinion of the Court

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Per Curiam.

The defendant below waited a reasonable time, and the cause became discontinued by the delay of the justice to attend; for it was an unreasonable delay. The defendant below, during the three hours he waited, was told, that the justice had said he could not come until lx o’clock, and he waited near an hour after that time. The judgment below must be reversed.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1906: 119062026peak 1906 · 1

Relies on it most ⓘ

  1. Sigler v. Shaffer19 Ohio C.C. Dec. 423 (Oh. Circ. Ct., Trumbull 1906)

Most recent

  1. Sigler v. Shaffer19 Ohio C.C. Dec. 423 (Oh. Circ. Ct., Trumbull 1906)

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