Naylor v. Loomis
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Putnam- county. Action by Arthur Naylor against Frank W. Loomis. From an order striking out the amended answer, defendant appeals. Affirmed.
1Opinion of the CourtWoodward, J.
The original complaint in this action was for goods sold and delivered, to which an answer and an amended answer were interposed by the defendant. Subsequently, and on August 6, 1902, the plaintiff served an amended complaint upon two causes of action for work, labor, and services and materials furnished, and for goods sold and delivered. On the 26th day of August, 1902, an answer was interposed. A reply to this answer was served on the 5th day of September by plaintiff’s attorney, who at about the same time served a notice of trial for the September trial term, to be held in the county of…
2Cases cited2 opinions
- Tennant v. . DudleyNew York Court of Appeals · 1895
- Harney v. Provident Savings Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1899