Forgotson v. Becker
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from an order, interlocutory judgment, and final judgment entered thereon in the City Court of the city of ¡New York, sustaining a demurrer interposed by plaintiff to defendants’ answer in an action on a promissory note.
1Opinion of the CourtClarke, J.
In the order and decision of the trial justice sustaining the demurrer it is recited that the attorney for the plaintiff appeared in support of the demurrer, and no one appeared in opposition thereto. An interlocutory judgment was thereupon entered, directing that in case the defendants do not within six days after service of a copy of the interlocutory judgment serve an amended answer and pay costs, then plaintiff may enter final judgment. The defendants failed to amend or pay costs, and final judgment was entered against them. The defendants have appealed from both the interlocutory and…
2Cases cited7 opinions
- Flake v. . Van WagenenNew York Court of Appeals · 1873
- Smith v. . VelieNew York Court of Appeals · 1875
- Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Boyd v. BigelowNew York Supreme Court · 1857
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3Cited by2 opinions
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1915
- Sporer v. HerlikNebraska Supreme Court · 1954