Legal Opinion

American Copper Co. v. Lowther

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898Published

Appeal by the plaintiff, The. American Copper Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of June, 1898, granting leave to three of the defendants to serve a supplemental answer.

1Opinion of the Court

Barrett, J.:

The respondents are co-sureties with one Edward L. Smith upon a guaranty which is set forth in the complaint. The resjDondents defended, but Smith made default. Thereupon a clerk in the office 0'f the plaintiff’s attorneys, supposing that the case was one of several liability, entered an ex pa/rte judgment against Smith and obtained an order severing the action and permitting the plaintiff to proceed against the respondents. He did this without the knowledge of his principals, the plaintiff’s attorneys. . Nothing was collected from Smith, he being in fact insolvent.' The…

2Cases cited2 opinions

  1. Medbury v. . SwanNew York Court of Appeals · 1871
  2. Citizens' Nat. Bank of Corry, PA. v. WestonNew York Supreme Court · 1894

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