Deane v. Loucks
New York Supreme Court
Appeal from special term, New York county. Action by Royal E. Deane and George G. Brooks against John A. Loucks. Defendant appeals from an order denying a motion by him to open a judgment entered on his default to appear or answer.
1Opinion of the CourtVan Brunt, P. J.
We think that the learned counsel for the appellant is entirely mistaken in supposing that the doctrine has ever been established that when an affidavit of merits is presented, and there are no suspicious circumstances connected with the application, a default will necessarily be opened. Although decisions to that effect may be found, yet' still the practice *904of the court has been against so loose a procedure as this, and the applicant must not only show a reasonable ground for opening the default, but the burden upon him is to establish his good faith otherwise than simply by an affidavit of…
2Cases cited1 opinion
- Gates v. . PrestonNew York Court of Appeals · 1869
3Cited by4 opinions
- Fitzgerald Manufacturing Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1922
- Dana v. ThawAppellate Terms of the Supreme Court of New York · 1907
- C. Graham & Sons Co. v. Van HornNew York Supreme Court · 1898
- Leffler v. BeckCity of New York Municipal Court · 1900