Quinn v. Case
New York Court of Common Pleas
Appeal from an order, at special term, denying a motion for leave to serve an answer. The action was commenced by the service of a summons and complaint. The complaint stated that the defendants were bankers, and that Edward McGuire,- assign- or of the plaintiff, opened an account, and had dealings with them, upon which defendants became indebted to him in a balance of $3,899.86, which they had refused to pay. It also alleged an assignment of this claim to the plaintiff.
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Appeal from an order, at special term, denying a motion for leave to serve an answer. The action was commenced by the service of a summons and complaint. The complaint stated that the defendants were bankers, and that Edward McGuire,- assign- or of the plaintiff, opened an account, and had dealings with them, upon which defendants became indebted to him in a balance of $3,899.86, which they had refused to pay. It also alleged an assignment of this claim to the plaintiff. Before the time to answer had expired, the defendants’ attorneys procured an order extending their time. This order was…
1Opinion of the Court
By the Court, Hilton, J.
The defendants appeal from an order, made at special term, denying their motion for leave to serve an answer. It appears that before the time for answering the complaint expired, the defendants, upon a proper affidavit, obtained, from one of the judges of this court, an order extending the time to answer twenty days. This order was served on March 21, 1859, the day of its date, upon the plaintiff’s attorney, but the service was not accompanied with the affidavit on which it was granted. It was for this reason disregarded, (Code, § 405), and notice of taxation was given…
2Cases cited3 opinions
- Upton v. VailNew York Supreme Court · 1810
- Hanford v. McNairNew York Supreme Court · 1829
- Tallmadge v. StockholmNew York Supreme Court · 1817