Van Horne v. Montgomery, Willis & Thomas
New York Supreme Court
The defendant Thomas, moves to set aside the judgment, as respects himself, which was entered on the twenty-fifth of January last; and to he permitted to answer. The summons was served on the defendant Thomas, on the 2d of December; a notice of appearance and a demand of a copy of the complaint was served by the attorney for the defendant on the plaintiff’s attorney on the 10th of the same month.
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The defendant Thomas, moves to set aside the judgment, as respects himself, which was entered on the twenty-fifth of January last; and to he permitted to answer. The summons was served on the defendant Thomas, on the 2d of December; a notice of appearance and a demand of a copy of the complaint was served by the attorney for the defendant on the plaintiff’s attorney on the 10th of the same month. On the 21st of December the copy complaint was received, and entered as received in the register of the defendants’ attorney on that day; and on the 29th January an answer was mailed' at Utica to the…
1Opinion of the Court
Gkidley, Justice.
The time of receiving the copy of the complaint was not the service, but the time of mailing it; and that it sworn to have been done on the 14th of December. It is indeed an unusual event that the letter should have been seven days in traveling from Herkimer to Utica; but it is positively sworn that the letter was mailed on the 14th, and Messrs. Bacon & White did not preserve the envelope, so as to determine when it was actually put in the post office. The answer was therefore served too late, and was accordingly returned with that information on the next day after it was…
2Cases cited1 opinion
- Bates v. LoomisNew York Supreme Court · 1830
3Cited by7 opinions
- Jackson & Perkins Co. v. Rose Fair, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
- Desroches v. CaronNew York Supreme Court · 1958
- Burns v. Inman, New York County Courts1962
- Seckel v. TangemannNew York Supreme Court · 1907
- Cherry v. FoleyNew York Court of Common Pleas · 1892
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