Tolhurst v. Howard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William H. Tolhurst and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 19th day of April, 1904, vacating and setting aside a judgment in favor of the plaintiffs, entered in the Rensselaer county clerk’s office on the 3d day of February, 1904, and permitting the defendant to serve an answer to the' complaint herein.
1Opinion of the Court
Ingraham, J.:
The action was brought to recover for work, labor and services furnished by the plaintiffs to the defendant. The plaintiffs’ attorney has an office in the city and county of Hew York. The summons was served upon the defendant; in Hew York without a comí plaint, was indorsed “Supreme Court, New York County,” and contained the statement, “Trial desired in Hew York County.” On January 9, 1904, the defendant appeared in the action and demanded that a copy of the summons and complaint be served upon his attorney; that notice of appearance stated the action to be in Hew York county. In…
2Cases cited2 opinions
- Fisher v. OgdenAppellate Division of the Supreme Court of the State of New York · 1897
- Goldstein v. MarxAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Barrow v. HadcoxNew York Supreme Court · 1965
- Barbera v. QuittnerAppellate Division of the Supreme Court of the State of New York · 1912
- Jacobs v. CallanAppellate Division of the Supreme Court of the State of New York · 1911