Schlesinger v. Borough Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leo Schlesinger, as receiver of the Federal Bank of Yew York, from an order of the Supreme Court,, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 15th day of July, 1905, directing the attorneys for the plaintiff to accept service of the defendant’s amended answer.
1Dissent
Jenks, J. (dissenting).:
I 'dissént. The sole question is whether the defendant by serving its. original answer by.mail'thereby doubled the time to serve its amended answer. The answer to it requires the construction, of section 198 of the Code of Civil Procedure. The mere fact that the defendant avails itself of the-privilege of serving its answer .by . mail affords no rteason why it should thereby gain for itself a further privilege, namely, time double that-time generally prescribed by section 542 of the Code of Civil Procedure within, which he.must serve his amended.answer. -The language…
2Cases cited9 opinions
- Armstrong v. PhillipsNew York Supreme Court · 1891
- Elliott v. KennedyNew York Supreme Court · 1864
- Binder v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Van Horne v. Montgomery, Willis & ThomasNew York Supreme Court · 1851
- Washburn v. HerrickNew York Supreme Court · 1849
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