Sharp v. Clapp
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William W. Sharp and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17tli day of February, 1897, granting the defendants’ motion to strike out the complaint herein upon the ground that it did not conform to the summons and notice.
1Opinion of the Court
Rumsey, J.:
The action was begun by the service of summons, attached to which was a notice addressed to the defendants, that, upon their default to appear and answer the summons, a judgment would be taken against them for the sum of $2,800, with interest thereon and costs. The defendants did appear and demanded a copy of the complaint, whereupon there was served upon them a complaint setting out a cause of action for conversion, upon which the damages alleged were $2,800, and for which damages judgment in that sum was asked. Thereupon a motion was made by the defendants to set aside the…
2Cases cited2 opinions
- Curry v. WibornAppellate Division of the Supreme Court of the State of New York · 1896
- Adams v. . ArkenburghNew York Court of Appeals · 1887
3Cited by6 opinions
- Everitt v. EverittNew York Court of Appeals · 1958
- Malone v. CitarellaAppellate Division of the Supreme Court of the State of New York · 1959
- Johnstone v. WeibelAppellate Division of the Supreme Court of the State of New York · 1909
- Moreno v. SegalNew York Supreme Court · 1959
- Everitt v. EverittNew York Court of Appeals · 1958
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