Boutross v. Beilouney
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by George W. Boutross against Joseph Beilouney. From an order denying plaintiff’s motion to open its default, he appeals. Reversed, default opened, judgment vacated, and new trial ordered.
1Opinion of the CourtLehman, J.
The plaintiff herein brought an action to recover the sum of $251.51. The defendant pleaded a denial, an affirmative defense, and a counterclaim. After various delays, apparently* due to dilatoriness on the part of plaintiff or his attorney, the case was set down for trial on January 5, 1915. Some days before that date some dispute seems to have arisen between the plaintiff and his attorney in regard to the attorney’s compensation, and if was agreed between them that a substitution of attorneys should be had. At that time the original attorney informed the plaintiff that he would secure an…
2Cases cited3 opinions
- Nichols v. WilliamsNew York Supreme Court · 1904
- A. M. Engel & Co. v. DavisNew York Supreme Court · 1913
- Nichols v. WilliamsAppellate Terms of the Supreme Court of New York · 1904