Leverson v. Zimmerman
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, fourth judicial district, borough of Manhattan. The action was for money had and received and the amount $500. The plaintiff had judgment for $516.50.
1Per curiam
On the 27th day of July, 1899, when the defendant tendered the undertaking mentioned in the affidavit attached to the return, no adjournment had been granted upon his application. In fact, there had been no adjournment upon any one’s application. From that moment the jurisdiction of the justice was arrested. Tuttle v. Galligan, 23 Misc. Rep. 457. This case is to be distinguished from that of Ives v. Quinn, 7 Misc. Rep. 660, in which case there was an adjournment after the return day and before an undertaking was tendered. The fact that the undertaking was executed before the court had made an…
2Cases cited4 opinions
- Barker v. . WhiteNew York Court of Appeals · 1874
- Ives v. QuinnNew York Court of Common Pleas · 1894
- Tuttle v. GalliganAppellate Terms of the Supreme Court of New York · 1898
- Monagan v. Lehigh Val. R. Co.New York Court of Common Pleas · 1895
3Cited by1 opinion
- Dalton v. MillsAppellate Terms of the Supreme Court of New York · 1904