In re Cullen

Citations

• 106 A.D. 250

Syllabus

<p>Mandamus — its issue is discretionary t— when denied in the absence of an assurance that premises, in which it is sought to compel a telephone company to put a telephone instrument, aré not to be used for illegal purposes,</p> <p>The writ of mandamus will not issue in cases of doubtful right, and may, in the . exercise of judicial discretion, be sometimes refused even where the applicant has a cause of action enforcible in a suit for damages.</p> <p>Where the police of a city have removed a telephone from certain premises on •' the ground that such premises-were used as a- pool- room, the telephone 'company may, as a condition of complying with the request of a new tenant of the premises for the installation of a telephone therein, properly require the applicant to give written assurance that he does not intend to use the telephone for illegal purposes and to give the company a reference as to his character.</p> <p>If the applicant refuses to comply with such conditions- the court is justified, in refusing to issue a mandamus requiring the telephone company to install the telephone.</p>