New York Insulated Wire Co. v. Westinghouse Electric & Manuf'g Co.
New York Supreme Court
Appeal from special term, New York county. Action by the New York Insulated Wire Company against the Westinghouse Electric & Manufacturing Company to recover money alleged to be due under a written contract. From an order denying a motion for the severance of the action and entry of judgment for the amount claimed to be admitted to be due by the answer, plaintiff appeals. Affirmed.
1Opinion of the CourtVan Brunt, P. J.
The summons and complaint in this action were served on the 16th of August, 1894, and on the 12th of November the defendant served an answer. On the 24th of November a notice of motion for a severance of the action and for a judgment of $17,079.24, claimed to be admitted to be due in said answer, was served; said notice being returnable on the 3d of December, the last day for the defendant to serve an amended answer. The defendant asked that the motion stand over until the following day in order that it might serve its amended answer. This application was granted, and the next day the…
2Cited by10 opinions
- Goldstone v. PayneCourt of Appeals for the Second Circuit · 1938
- Millard v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Brooks Bros. v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1907
- Kaplan v. K. Ginsburg, Inc.New York Supreme Court · 1958
- Bator v. Hungarian Commercial Bank of PestDistrict Court, S.D. New York · 1950
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