Naylor v. Loomis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank W. Loomis, from an order of the Supreme Court, made at the Putnam Special Term and entered in the office of the clerk of the county of Putnam on the 22d day of September, 1902, striking out the amended answer of the defendant.
1Opinion of the Court
Woodward, J.:
The original complaint in this action was for goods sold and delivered, to which an answer and an amended answer were interposed by the defendant. Subsequently, and on August 6,1902, the plaintiff served an amended complaint upon two causes of action for work, labor and services and materials furnished and for goods sold and delivered. On the 26th day of August, 1902, an answer was interposed. A reply to this answer was served on the fifth day of September by plaintiff’s attorney, who at about the' same time served a notice of trial for the September Trial Term to be held in the…
2Cases cited2 opinions
- Tennant v. . DudleyNew York Court of Appeals · 1895
- Harney v. Provident Savings Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1899