Chapman v. Ogden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Josephine E. Ogden and another, in the first above-entitled action, and by the defendant John R. Ogden, Jr., in the second above-entitled action, from judgments of the Supreme Court in favor of the plaintiff in each of such actions, entered in the office of the clerk of the county of New York on the 16th day of March, 1898, upon verdicts of a jury rendered by direction of the court, and also from orders entered in said clerk’s office on the 14th day…
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Appeal by the defendants, Josephine E. Ogden and another, in the first above-entitled action, and by the defendant John R. Ogden, Jr., in the second above-entitled action, from judgments of the Supreme Court in favor of the plaintiff in each of such actions, entered in the office of the clerk of the county of New York on the 16th day of March, 1898, upon verdicts of a jury rendered by direction of the court, and also from orders entered in said clerk’s office on the 14th day of March, 1898, denying the said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
These actions were originally brought as one action upon two promissory notes made by John R. Ogden and indorsed by the other defendants. John R. Ogden answered separately and John R. Ogden, Jr., answered on behalf of the other defendants Ogden. The plaintiff’s counsel having contended that each defendant should have verified the answer, the action was severed as to the defendants Josephine E. Ogden and Charlotte. S. Ogden, and they were declared to be in default. This default was opened and they were subsequently allowed to answer; whereupon each defendant filed a separate…
2Cases cited1 opinion
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
3Cited by1 opinion
- Larbig v. PeckAppellate Division of the Supreme Court of the State of New York · 1902