Marsh & McClennen v. Nassau Show Case Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment entered upon an inquest taken in the Municipal Court, first district, Eew York city, on the 19th day of January, 1899, and from an order entered in the same court on the 28th day of January, 1899, granting motion of defendant to open its default upon certain conditions.
1Opinion of the CourtMacLean, J.
This case having been called upon the day calendar of January 19, 1899, for trial, a representative of the defendant’s attorneys applied for an adjournment, and presented and filed an affidavit, verified on that day, wherein the affiant deposed that he was one of the attorneys and had charge of the above-entitled action; that he was actually engaged in the trial of a case named, in the Supreme Court, Eew York county, Trial Term, part seven, and would be unable to proceed with the trial of this case on that date. As there was presented to him the very affidavit contemplated in rule 5, of the…
2Cited by3 opinions
- State v. FreitagIdaho Supreme Court · 1933
- Dorfman v. HirschfieldNew York Supreme Court · 1907
- Fallon v. CrocicchiaAppellate Terms of the Supreme Court of New York · 1907