Merritt v. Slocum
New York Supreme Court
This action was commenced by the service of a summons and complaint on the 11th day of September last. The cause of action stated in the complaint is a promissory note made by the Defendants.
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This action was commenced by the service of a summons and complaint on the 11th day of September last. The cause of action stated in the complaint is a promissory note made by the Defendants. On the 29th of September the Defendants served an answer, stating that they had delivered to the Plaintiffs to sell on their account large quantities of cotton cloths, which had been sold by the Plaintiffs and not accounted for, and claiming to set off the amount due them for such sales against the note upon which the action was brought. Without replying to the answer, the Plaintiffs, on the 7th of…
1Opinion of the Court
Harris, Justice.
The Plaintiffs having omitted to reply to the answer within twenty days, the action was at issue upon the complaint and answer. The allegations in the complaint being uncontroverted by the answer, and the new matter of the answer being uncontroverted by a reply, an issue of law was formed under the second subdivision of the 204th section of the code. Such issue, though an issue of law, might properly be referred under the 225th section. But it appears from the affidavit upon which this motion is founded, that the Plaintiffs’ attorney omitted to reply to the answer “ through…
2Cited by2 opinions
- Rogers v. McElhoneNew York Supreme Court · 1860
- Parmenter v. RothNew York Court of Appeals · 1870