Ward v. Gillies
New York Supreme Court
At chambers. Action by Martin J. Ward against Joseph Gillies to recover broker’s commission-. The complaint was served by mail on March 2, 1890, and the answer thereto was duly served by mail on May 2, 1890. Thirty-five days after the service of the answer, (June 6, 1890,') defendant served an amended answer by mail. The amended answer was returned on the ground that service thereof was not had within the proper time.
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At chambers. Action by Martin J. Ward against Joseph Gillies to recover broker’s commission-. The complaint was served by mail on March 2, 1890, and the answer thereto was duly served by mail on May 2, 1890. Thirty-five days after the service of the answer, (June 6, 1890,') defendant served an amended answer by mail. The amended answer was returned on the ground that service thereof was not had within the proper time. After service of the answer, and before service of the amended answer, plaintiff noticed the cause for trial, and put it on the calendar. After the amended answer was returned,…
1Opinion of the CourtBeach, J.
Motion is denied, under Code Civil Proc. § 798, as now worded, and Toomey v. Andrews, 48 How. Pr. 332, with $10 costs.
2Cases cited1 opinion
- Toomey v. AndrewsNew York Supreme Court · 1872
3Cited by1 opinion
- Schlesinger v. Borough BankAppellate Division of the Supreme Court of the State of New York · 1906