Auto Lighter Co. v. Wicks, Hughes & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wicks, Hughes & Company, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of March, 1906, as imposes a condition upon granting a motion to open the defendant’s default.
1Opinion of the Court
Per Curiam :
This is an appeal from part of an order made upon a motion vacating a judgment taken by default for failure to answer in time.
It appears from the defendant’s affidavits, no affidavits having been filed by the plaintiff, that the summons and complaint were served on the 23d day of January, 1906 ; that a duly verified answer, properly inclosed and sealed in a post-paid wrapper, ivas deposited in' the post office in the city of Utica on the 12th day of February, 1906, before six o’clock in the afternoon, directed to plaintiff’s attorney in the city of Hew York at the address…
2Cases cited1 opinion
- Yates v. . GuthrieNew York Court of Appeals · 1890