McGovern v. Bulman-Warner Paint Co.
New York Supreme Court
Action by one McGovern against the Bulman-Warner Paint Company. Motion by defendant to open a judgment taken against it,, under Code Civ. Proc. § 1778.
1Opinion of the CourtBischoff, J.
The complainant proceeds upon promissory notes, and also upon a cause of action for goods sold and delivered, and the answer meets all the issues tendered. Defendant was entitled to serve an answer traversing the allegations of the complaint as to this last cause of action without application to the court for leave; and section 1778 of the Code does not relate to defenses to separate causes of action, but applies to the service of an answer as such, and, therefore, where the answer, in one aspect, is such as may be served without leave, because not going to a cause of action upon an…
2Cases cited1 opinion
- Shorer v. Times Printing & Publishing Co.New York Court of Appeals · 1890