New York Lumber & Storage Co. v. Noone, McDonald & Frank
Appellate Terms of the Supreme Court of New York
Appeal by the defendants McDonald and Frank from a judgment rendered in the Municipal Court of the city of Yew York, tenth district, borough of Manhattan.
1Opinion of the CourtMcCall, J.
In this action the defendant Yoone was not served and did not appear. Upon the return day of the summons, the defendants McDonald and Frank filed an answer, verified by McDonald only, containing a general denial, and at the same time offered an undertaking under section ■} of the Municipal Court Act, then in force, and asked for the removal of the case to the City Court. The court adjourned the case for the purpose of enabling the sureties upon the undertaking to justify. This undertaking was that of a surety company organized under the laws of the State of Connecticut. Upon the adjourned…
2Cases cited1 opinion
- Solis v. BalbasAppellate Terms of the Supreme Court of New York · 1903