Gaffney v. Bigelow
New York Supreme Court
Appeal from an order. Charles Gaffney and others sued Joshua Bigelow, for goods sold, and served a complaint. On the last day for serving copy answer, defendant’s attorneys mailed a copy of notice of retainer, appearance and demurrer, by enclosing them in an envelope having upon it this indorsment: “If not called for in five days return to” [here followed attorneys’ names and address]; and deposited them in the post office, postage paid, at the place of their residence, and…
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Appeal from an order. Charles Gaffney and others sued Joshua Bigelow, for goods sold, and served a complaint. On the last day for serving copy answer, defendant’s attorneys mailed a copy of notice of retainer, appearance and demurrer, by enclosing them in an envelope having upon it this indorsment: “If not called for in five days return to” [here followed attorneys’ names and address]; and deposited them in the post office, postage paid, at the place of their residence, and addressed to plaintiff’s attorney in another town. Plaintiff’s attorney received the papers, but returned them with a…
1Opinion of the Court
The Court*
were of opinion that the indorsement on the envelope to return in five days did not prejudice the party to whom it was addressed unless it was made to appear that, by reason of the return in obedience to the indorsement, the party failed to receive it. It appearing in this case that the papers were received, notwithstanding the indorsement, the order was reversed.
Present, Mullin, P. J., and E. Darwin Smith and J. W. Gilbert, JJ.
2Cited by9 opinions
- Drake v. ComptrollerAppellate Division of the Supreme Court of the State of New York · 1951
- Appeal Printing Co. v. ShermanAppellate Division of the Supreme Court of the State of New York · 1904
- Manchester v. Van BruntNew York Court of Common Pleas · 1893
- Price v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Manchester v. Van BruntCity of New York Municipal Court · 1892
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