Iron Clad Manufacturing Co. v. Benjamin E. Smith & Sons
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment rendered in the Municipal Court, second district, borough of Manhattan, against the defendants and in favor of plaintiff by default.
1Opinion of the CourtFreedman, P. J.
This appeal is taken by the defendants from a judgment entered against them by default. The return shows that a summons was issued on the 23d day of January, 1898, returnable on the 3d day of February, 1898, which summons, together with the verified complaint, appears by the affidavit of Benjamin B. Barnett, a person duly deputized to make the service, to have been served upon the treasurer of the defendant corpora*173tion on January 24, 1898. Upon the return day of the summons the defendants did not appear and judgment was rendered against, them.
An appeal was thereupon taken, and the defendants…
2Cases cited2 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Burkhard v. SmithAppellate Terms of the Supreme Court of New York · 1896
3Cited by2 opinions
- Jacobs v. Atlas Construction Co.Appellate Terms of the Supreme Court of New York · 1909
- Long Branch Pier Co. v. CrossleyNew York Supreme Court · 1903