Bayley & Sons, Inc. v. Morgan
District Court, E.D. New York
In Equity. Suit by Bayley & Sons, Incorporated, against George Morgan, doing business as Morgan & Co. On motion by defendant to open default and permit filing of an answer, and to vacate decree taken pro confesso.
1Opinion of the Court
GARVIN, District Judge.
This is a motion for an order opening a default of the defendant above named, permitting him to file his answer to the complaint herein, and vacating and setting aside the judgment entered herein June 30, 1920. The moving papers show, and it is not denied, that on September 26, 1917, the defendant was served with a summons and bill of complaint in the above-entitled action, a suit in equity, in which the plaintiff was suing John Morgan, doing business under the firm name of Morgan & Co. The defendant told the deputy marshal, who sought to effect service, that he was…
2Cases cited5 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Allen v. WilsonU.S. Circuit Court for the District of Eastern Michigan · 1884
- McGregor v. Vermont Loan & Trust Co.Court of Appeals for the Ninth Circuit · 1900
- School-District No. 13 v. LovejoyUnited States Circuit Court · 1882
- United States v. MillingerU.S. Circuit Court for the District of Southern New York · 1881
3Cited by2 opinions
- West Disinfecting Co. v. RosenthalCourt of Appeals for the Third Circuit · 1932
- Dallas Oil & Refining Co. v. Washington Cotton Oil Co.District Court, N.D. Texas · 1924