Legal Opinion · Dissent

E. G. Potter Co. v. Sheffield

Appellate Terms of the Supreme Court of New York

Decided December 22, 1909Published

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by the E. G. Potter Company against Justus P. Sheffield. From a judgment for plaintiff, defendant appeals.

1DissentGoff, J.

The notice of appeal herein stated that the defendant appeals from the judgment. It is recited in the return that the defendant was personally served with the summons on the return day. Plaintiff and defendant appeared by their -respective attorneys. Plaintiff filed a verified complaint. Defendant moved to set aside service of the summons. The cause was thereupon adjourned until the 9th of June, when the motion to set aside service of the summons was denied, and the cause again adjourned to the 14th of June, when judgment on the verified complaint was rendered against the defendant. Every…

2Cases cited2 opinions

  1. Otis v. . SpencerNew York Court of Appeals · 1858
  2. Gormley v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1907

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