Legal Opinion

Rossner v. New York Museum Ass'n

New York Supreme Court

Decided February 15, 1880Published

Appeal from a judgment in favor of the plaintiff, entered upon an order striking out the defendant’s answer, and from such order and every part thereof.

1Opinion of the Court

Barnard, P. J.:

By Code' of Civil Procedure, section 799, it is provided that where a party has appeared all notices or other papers must be *183served upon bis attorney. By section 802 tbe above mentioned section 799 is made inapplicable to tbe service of papers to bring a party into contempt. Tbe plaintiff brings this action to recover for services alleged to bave been rendered to tbe defendant. Tbe answer is a general denial. Tbe defendant is a New York corporation. The plaintiff presented bis petition under sections 803, 804 and 805, Code, for an inspection of defendant’s books of account,…

2Cases cited5 opinions

  1. Pitt v. . DavisonNew York Court of Appeals · 1867
  2. Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
  3. Stafford v. BrownNew York Court of Chancery · 1834
  4. Brown v. AndrewsNew York Supreme Court · 1847
  5. Becker v. HagerNew York Supreme Court · 1852

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