Clare v. . Lockard
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 27, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The complaint in this action contained two counts, one upon a promissory note, the other for goods sold and delivered. So much of the judgment as embraces the amount found to be due for goods sold and delivered was not questioned.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 27, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The complaint in this action contained two counts, one upon a promissory note, the other for goods sold and delivered. So much of the judgment as embraces the amount found to be due for goods sold and delivered was not questioned. The appellant assigned for error that portion of the judgment which includes the amount adjudged to be due on the note, on the ground that it is barred.by…
1Opinion of the CourtParker, J.
Had the sheriff succeeded in making personal service within the time prescribed by section 399, or had there been a first publication of the summons pursuant to an order for service upon him in that manner, then it is conceded that the decision of the court would not admit of question. But the summons was not served personally, or by publication, but a substituted service thereof was timely madé in accordance with sections 435 and 437 of the Code of Civil Procedure. The appellant’s contention is that while the action was properly commenced by a substituted service of the summons duly…
2Cases cited1 opinion
- Catlin v. . RickettsNew York Court of Appeals · 1883
3Cited by10 opinions
- Frazer v. City of ChicagoIllinois Supreme Court · 1900
- Harkow v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Crabbe v. JonesTuscarawas County Court of Common Pleas · 1945
- Riley v. RileyNew York Supreme Court · 1892
- Bentz v. Crotona Park Realty Co.New York Supreme Court · 1913
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