Keating v. Hayes
New York Supreme Court
Appeal from special term, Monroe county. Action by Annie M. Keating against William B. Hayes. From an order which vacated and set aside an order opening defendant’s default, and permitting defendant to serve an answer, and which struck out the answer defendant had served by virtue of said order,, defendant appeals.
1Opinion of the CourtLewis, J.
The plaintiff, as the owner and holder of a promissory note made by the defendant, dated October 27, 1887, payable to the order of the plaintiff, for the sum of $2,000, brought an action thereon against the defendant, by the service upon him of a summons and complaint. Defendant made default, and judgment was entered in favor of the plaintiff, and against him, for the amount of the note. Thereafter the defendant made a motion to vacate and set aside the judgment, upon the ground that the summons- and complaint were never in fact served upon him, but were served upon his brother, Joseph J.…
2Cases cited2 opinions
- People v. . HayesNew York Court of Appeals · 1894
- People v. HayesNew York Supreme Court · 1893
3Cited by1 opinion
- Keating v. HayesNew York Supreme Court · 1894