Legal Opinion

Belden v. Brown

New York Supreme Court

Decided June 15, 1912PublishedCited by 1 opinion

Motion to set aside service.

1Opinion of the CourtGiegerich, J.

This is a motion made by the defendants Brown to strike out the answer of their codefendant Henry. The action is brought upon a written contract between the defendants Brown and the defendant Henry by the plaintiff as the assignee of a one-quarter interest in such contract. The complaint was served on the defendants Brown on June 7, 1910, and on the defendant Henry on June 6, 1910. The defendants Brown served their answer on September 14, 1910. The defendant Henry defaulted in appearing and pleading. The contract sued upon is dated June 9, 1909. The answer of the defendants Brown sets up that…

2Cases cited4 opinions

  1. Smith v. HiltonNew York Supreme Court · 1888
  2. New York Life Insurance & Trust Co. v. IvesNew York Supreme Court · 1895
  3. Van Allen v. RogersThe Superior Court of the City of New York and Buffalo · 1893
  4. Muller v. City of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by1 opinion

  1. Nauss v. Nauss Bros.Appellate Division of the Supreme Court of the State of New York · 1921

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