Shorer v. Times Printing & Publishing Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department made the first Tuesday of June, 1889, which reversed an order denying a motion to vacate a judgment in favor of plaintiff taken by default. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department made the first Tuesday of June, 1889, which reversed an order denying a motion to vacate a judgment in favor of plaintiff taken by default. The nature of the action and the material facts are stated in the opinion. The action -was against a domestic corporation to recover damages for the nonjiayment of a promissory note, and was clearly within the provisons of section 1778 of the Code of Civil Procedure; and the failure of the defendant corporation to serve with its answer an order of a judge directing…
1Opinion of the CourtO’Brien, J.
The plaintiff’s action was on a promissory note made by one Merrill to the order of and indorsed by the corporation defendant, and upon which it was claimed that, the liability of the defendant had become fixed by demand and notice. The defendant, within the twenty days, served an answer to the complaint which the plaintiff disregarded, and entered judgment as in case of default. The defendant then made a motion in the pourt where the action was brought to vacate the judgment, which was denied, and the General Term has reversed this order and granted the motion.
The plaintiff claims that the…
2Cases cited3 opinions
- Moran v. . Long Island CityNew York Court of Appeals · 1886
- N.Y.L. Ins. Co. v. . Universal L. Ins. Co.New York Court of Appeals · 1882
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1829
3Cited by4 opinions
- Tautphoeus v. Harbor & Suburban Building & Savings Ass'nAppellate Division of the Supreme Court of the State of New York · 1904
- Watertown National Bank v. Westchester County Water-Works Co.New York Supreme Court · 1897
- Fifth-Third National Bank v. Hudson Refrigerator Co.Appellate Terms of the Supreme Court of New York · 1915
- McGovern v. Bulman-Warner Paint Co.New York Supreme Court · 1898