Box Board & Lining Co. v. John H. Wiemers, Inc.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Box Board & Lining Company against John H. Wiemers, Incorporated. From an order allowing plaintiff to amend the complaint, defendant appeals. Order reversed, and motion granted, on payment of costs.
1Opinion of the CourtSeabury, J.
In our judgment the costs imposed as a condition of allowing the amendment to the complaint were entirely inadequate. The answer contained not only a general denial, but a counterclaim. The plaintiff had once taken the defendant’s default, and the defendant was permitted to have this default opened only upon payment of $55.97 costs, in addition to the payment of the sheriff’s charges and the giving of an undertaking in the sum of $2,000 to secure any judgment that might be rendered against the defendant. The action came on for trial, and after the trial had been' in progress five hours the…
2Cases cited4 opinions
- Bates v. Salt Springs National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Palazzo v. Degnon-McLean Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Davis v. Reflex Camera Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Hayes v. KerrAppellate Division of the Supreme Court of the State of New York · 1899