Legal Opinion

Canavello v. Michael & Co.

City of New York Municipal Court

Decided April 15, 1900PublishedCited by 1 opinion

Appeal from order denying defendant’s motion to vacate a judgment, entered upon failure to serve answer, it being alleged that a copy of answer had been received but was not served in time.

1Opinion of the CourtHas call, J.

Plaintiff sues to recover upon an alleged agreement by defendant to pay rent, because it had occupied premises, in connection with its codefendant, for two months.

There was no lease but an alleged written obligation, which seems to be treated by all the parties as a guaranty, and which respondent claims is a promise to pay. The case is at once taken out from under section 1778 by good authority (88 N. Y. 424), and as it was thus not necessary to serve with the answer an order that the issues be tried, now, to sustain the order, there must be some other reason than that advanced by the…

2Cited by1 opinion

  1. Allen v. BecketAppellate Terms of the Supreme Court of New York · 1903

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