Jack London Products, Inc. v. Edkiss

Motion to direct plaintiff’s attorney to accept the answer is granted.

*454On April 16,1959 service of summons was made on defendant. On May 6, 1959 service of answer was made by mail. Insufficient postage was placed on the envelope and on May 8, 1959 the mail was received by plaintiff’s attorney after payment of 4 cents postage due. On the same day plaintiff’s attorney returned the answer with a notice of rejection, stating that the same was not served within the time prescribed by section 263 of the Civil Practice Act. The case cited by plaintiff, in opposition to this motion, holds for the…