SMITH v. HOLDING CORP.


39 Misc.2d 129 (1962)

John Smith et al., Plaintiffs, v. Holding Corp., Defendant.

Municipal Court of the City of New York, Borough of Queens.

August 31, 1962


Attorney(s) appearing for the Case

Plaintiffs in person. E. Edan Spencer and Irving B. Friedman for defendant.


DANIEL E. FITZPATRICK, J.

If, as Tom Paine has noted, there are times that try men's souls, there are also cases which try a Judge's sense of justice. The word "case" is used deliberately to conform to popular legal usage. Although, Quiller-Couch warns us, we cannot thus properly speak of "the case of Mr. Jones or Mr. Smith", unless we refer to the cases in which those gentlemen will ultimately be buried. So...

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