Cobb v. Dunkin
New York Supreme Court
Appeal from a decision at special term, denying a motion to set aside the judgment entered by default in this cause, &c. An action was commenced in April, 1858, by the plaintiff against the defendant, by the personal service of a summons and complaint; notice in the summons being in pursuance of subdivision 1 of section 129 of the Code.
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Appeal from a decision at special term, denying a motion to set aside the judgment entered by default in this cause, &c. An action was commenced in April, 1858, by the plaintiff against the defendant, by the personal service of a summons and complaint; notice in the summons being in pursuance of subdivision 1 of section 129 of the Code. The complaint set forth a lease by the plaintiff' to the defendant, dated March 30th, 1851, of a certain farm in the town of Phelps, in the county of Ontario, for the term of one year from the first of April ensuing its date. By the lease, the defendant among…
1Opinion of the Court
By the court—E. Darwin Smith, Justice.
The question presented upon this appeal is simply whether it was regular for the plaintiff to take judgment without having his damages assessed by the clerk or by a jury. The notice in the summons was in the form prescribed in sub-division No. 1 of section 129 of the Code, and judgment was taken for the sum therein demanded. The actipn is brought, not to recover a specific .sum of money due or payable upon an express or implied contract, but to recover damages for the non-performance of the covenants contained in a lease to work and till á farm in a good…
2Cited by2 opinions
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Norton v. CaryNew York Supreme Court · 1862