Peebles v. Rogers
New York Supreme Court
This action was commenced to recover from the defendant the amount due on two promissory notes, and also to recover damages on a written contract in relation to a farm let by the plaintiff to the defendant. The summons without the complaint was- served on the 17th day of September last.
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This action was commenced to recover from the defendant the amount due on two promissory notes, and also to recover damages on a written contract in relation to a farm let by the plaintiff to the defendant. The summons without the complaint was- served on the 17th day of September last. On the second day of October, and five days before the time of answering expired, the defendant’s attorney wrote to the plaintiff’s attorney for a copy of the complaint, and giving him notice that he was retained by the defendant to defend the action. As this request was not made within ten-days after the…
1Opinion of the Court
Cady, Justice.
The attorney for the plaintiff objects to the ser» vice of the papers, as they were mailed at Amsterdam, although the defendant’s attorney resides at Port Jackson, and he refers to the case of Schenck vs. McKie (4 How. Pr. R. 246). In that case the papers were not received until the time to answer had expired, unless the service was deemed to have been made when *210the papers were deposited in the post office. As I understand the case cited, it only shows, that papers will not he deemed to he served when deposited in a post office, unless deposited in the post office in the place…
2Cases cited1 opinion
- Lewis v. SpencerNew York Supreme Court · 1834
3Cited by3 opinions
- Van Aernam v. WinslowSupreme Court of Minnesota · 1887
- Ellison v. LindsleyNew Jersey Superior Court Appellate Division · 1880
- Hawes v. BarrThe Superior Court of New York City · 1868