Kingston Carriage Co. v. Hutton
New York County Courts
Appeal from justice court. Action by the Kingston Carriage Company against Alexander Hutton. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtClearwater, J.
The plaintiff brought suit in the court below, alleging in writing that it was a domestic corporation. The defendant did not appear or plead. The plaintiff’s manager testified it was incorporated, and proved its claim against the defendant, for which judgment was rendered; from which judgment the defendant now appeals, claiming that it should be reversed because, he having failed to appear or plead, the law imposed upon the plaintiff the burthen of proving every fact, evidence of which was necessary to justify the entry of judgment, by the best obtainable proof, and that oral testimony as to…
2Cases cited4 opinions
- Concordia Savings and Aid Ass'n v. . ReadNew York Court of Appeals · 1883
- Matter of Petition of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Taendsticksfabriks Aktiebolaget Vulcan v. MyersNew York Supreme Court · 1890
- McElwee Manufacturing Co. v. TrowbridgeNew York Supreme Court · 1893