Duke v. Mount Morris Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, the Mount Morris Construction Company, from a judgment of the Municipal Court of- the city of New York; borough of Brooklyn, in favor, of the plaintiff, rendered on the 29th day of August, 1907.
1Opinion of the Court
Hooker, J.:
This is an action brought on a promissory note purporting to have been made by the defendant, a corporation. Tlie answer was a general denial, and, when it was filed there was neither filed nor *40served an order of a judge of the Municipal Court directing that the issues he tried, as provided in section 1778 of the Code of Civil Procedure. Upon the motion of the plaintiff the court gave judgment in his favor for the relief demanded in the complaint, and the defendant appeals. '
The question raised' by this appeal- is whether or not section 1778 of the Code, of Civil Procedure applies…
2Cases cited1 opinion
- Liederman v. RovnerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Blenderman v. J. R. Bellis Co.Appellate Terms of the Supreme Court of New York · 1909