Carey v. Browne
New York Supreme Court
Appeal from special term. Action by Mary Carey, as administratrix, and Augustus Stumpfel, as administrator, of the goods, chattels, and credits of Frank Carey, deceased, against James J. Browne, to recover damages for the value of an oil painting entitled the “Birth of Venus,” alleged to belong to Frank Carey at the time of his death, April 2, 1890, and wrongfully converted by defendant about January 20, 1892. From an order denying defendant’s motion to open a judgment…
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Appeal from special term. Action by Mary Carey, as administratrix, and Augustus Stumpfel, as administrator, of the goods, chattels, and credits of Frank Carey, deceased, against James J. Browne, to recover damages for the value of an oil painting entitled the “Birth of Venus,” alleged to belong to Frank Carey at the time of his death, April 2, 1890, and wrongfully converted by defendant about January 20, 1892. From an order denying defendant’s motion to open a judgment entered against him by default for $553.34, defendant appeals. Defendant’s affidavit to open the default disclosed the fact…
1Opinion of the CourtMayham, P. J.
The affidavits on this motion disclose that the defendant was served with a summons in this action without a complaint, and that a short time after such service he was taken seriously ill, and remained in that condition for about five weeks, during most of the time compelled to remain in a dark room by reason of some dis*522ease of his eyes; that while in that condition he lost the summons, and as soon as he was sufficiently recovered he wrote plaintiff’s attorney for a copy of the summons, but got no response until presented by the sheriff with an execution issued upon the judgment obtained by…
2Cases cited2 opinions
- Ellsworth v. CampbellNew York Supreme Court · 1860
- Bank of Kinderhook v. GiffordNew York Supreme Court · 1863
3Cited by1 opinion
- Board of Education v. CrillOneida County Court · 1911