Paine Lumber Co. v. Galbraith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Andrew Galbraith, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 29th day of October, 1898, requiring the defendant, as a condition of granting his motion, that the plaintiff’s attorney be directed to accept said defendant’s answer, to pay the plaintiff twenty-five dollars costs, and to stipulate to try the action on a day specified in the order.
1Opinion of the Court
Willard Bartlett, J. :
The answer which the appellant attempted to serve was signed by C. Arthur Coan as defendant’s attorney. The plaintiff’s attorney declined to receive it on the ground that this defendant had appeared by Charles S. Bloomfield as his attorney, and that Mr. Coan had not been substituted for Mr. Bloomfield. There is no contention that the appellant had ever appeared in the action in the manner prescribed by section-421 of the Code of Civil Procedure. Mr. Bloomfield, however, had obtained from the plaintiff’s attorney four extensions of time for the defendants to answer. One…
2Cases cited3 opinions
- Wood v. FurtickAppellate Terms of the Supreme Court of New York · 1896
- Douglas v. HaberstroNew York Supreme Court · 1879
- Benedict v. ArnouxNew York Supreme Court · 1895
3Cited by12 opinions
- Davenport v. Superior Court of Imperial CountyCalifornia Supreme Court · 1920
- Robinson v. RobinsonNew York Supreme Court · 1924
- Regelmann v. South Shore Traction Co.New York Supreme Court · 1910
- Engels Express Co. v. FergusonAppellate Terms of the Supreme Court of New York · 1913
- Capuano v. ZollaNew York Supreme Court · 1958
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