New Rochelle Gas & Fuel Co. v. Van Benschoten
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles C. Van Benschoten, 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 18th day of October, 1899, requiring the defendant to receive the plaintiff’s exceptions and notice of appeal from the referee’s report and judgment herein.
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Appeal by the defendant, Charles C. Van Benschoten, 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 18th day of October, 1899, requiring the defendant to receive the plaintiff’s exceptions and notice of appeal from the referee’s report and judgment herein. A copy of the judgment sought to be appealed from, together with a notice of the entry thereof, was served upon the defendant’s attorney by the plaintiff’s attorneys. No such service, however, was made by the defendant’s attorney upon the…
1Opinion of the Court
Goodrich, P. J. :
The plaintiff recovered a judgment, on the report of a referee, for a sum less than that demanded in its complaint, and the said judgment having been entered, notice thereof was served on the defendant’s attorney, who admitted due service. The plaintiff issued execution and subsequently instituted supplementary proceedings. On July twelfth it filed exceptions and notice of appeal to thé Appellate Division from a part of the judgment, for .the reason that, it was not for a sufficient amount. The defendant’s attorney, on the same day, returned the notice on the ground that…
2Cases cited5 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Monnet v. MerzThe Superior Court of the City of New York and Buffalo · 1892
- Rankin v. PineNew York Court of Common Pleas · 1857
- Sommers v. DitmarNew York Supreme Court · 1897
3Cited by6 opinions
- Walnut Irrigation Dist. v. BurkeCalifornia Supreme Court · 1910
- Adams v. CarterMississippi Supreme Court · 1908
- Naftal v. JarvisAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Arbitration between Stern Bros. & LivingstonAppellate Division of the Supreme Court of the State of New York · 1956
- Kenny v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1921
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