Universal Cutter Co. v. Emden
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by the Universal Cutter Company against Jacob Emden and another. From a judgment for plaintiff, defendants appeal. Reversed, and new trial ordered.
1Opinion of the CourtGildersleeve, P. J.
This action was originally begun in the Eleventh District Municipal Court, and the trial commenced in that district on May 21, 1907. It was adjourned until May 29th for completion. On that day the defendants were not able to proceed, owing. to the absence of the defendants’ attorney, and a judgment in favor of the plaintiff was rendered. On May 31, 1907, the defendants’ attorney obtained an order to show cause why his alleged default should not be opened. This order was returnable June 5th before a justice other than the one before whom the case had been partially tried. This motion was…
2Cases cited11 opinions
- Vaughn Machine Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1901
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Cummer Lumber Co. v. Associated Manufacturers' Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Bunke v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1904
- King v. DormanAppellate Terms of the Supreme Court of New York · 1899
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3Cited by3 opinions
- Barsotti v. PeiranoCity of New York Municipal Court · 1916
- Lapinsky v. ColishAppellate Terms of the Supreme Court of New York · 1908
- Levy v. SpierAppellate Terms of the Supreme Court of New York · 1908