Matter of Moritt v. Cohen, Herzka

Full title: In the Matter of FRED G. MORITT, Appellant and Respondent, against S…

Court: Court of Appeals of the State of New York

Date published: Oct 27, 1938

279 N.Y. 617 (N.Y. 1938)

17 N.E.2d 679

Opinion

Argued October 27, 1938

Decided October 27, 1938

Appeal from the Supreme Court, Appellate Division, Second Department.

Per Curiam.

We give our judgment upon the ballots submitted to us for determination. We number them according to exhibit numbers. The following ballots, according to exhibit numbers, are declared void: 11, 60, 77, 81, 86, 90, 97, 107, 128, 29, 103, 106, 85.

The following ballots we find to be good and should be counted accordingly: 19, 44, 51 (objections withdrawn), 114 (objections withdrawn), 95, 115 (objections withdrawn), 119, 78, 123.

The order should be affirmed.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and RIPPEY, JJ., concur; FINCH, J., taking no part.

Order affirmed.