Baker v. Wales
The Superior Court of New York City
Appeal from order vacating and setting aside service of summons. The following is the opinion delivered at special term :
1Opinion of the CourtSedgwick, J.
The facts seem to be that the plaintiffs kept in their office parcels of summons with places left blank for defendants’ names and amounts to be claimed. The inference is, that if a business interview were not satisfactory, service of summons would follow after the blanks had been filled up.
On January 19th one of the plaintiffs wrote to defendant, who lived in Connecticut, to come to Hew York to settle the claim in dispute, and to answer by return mail whether he would come. He did not answer until the twenty-sixth, and did not come until the thirtieth; then he had an unsuccessful negotiation…
2Cases cited1 opinion
- Shore v. ShoreThe Superior Court of New York City · 1850
3Cited by2 opinions
- Cavanaugh v. SmithIndiana Supreme Court · 1882
- Barth v. MarcuseCircuit Court of the 17th Circuit of Michigan · 1881