Legal Opinion

Embalmers Supply Co. v. Rowe

New York County Courts

Decided June 15, 1917Published

Appeal from a judgment rendered by á justice of the peace in favor of plaintiff.

1Opinion of the CourtDowd, J.

This is an appeal from a judgment rendered by a justice of the peace on the 8th day of April, 1916, in favor of the plaintiff and against the defendant. The action was begun by the plaintiff to recover *718the purchase price of a quantity of goods alleged to have been sold by the plaintiff to the defendant.

The summons herein was issued and served personally on the defendant on the 4th day of March, 1916, as appears by the certificate of the constable. On the return day of the summons the defendant appeared “ specially ” and demanded that the plaintiff file security for costs. The court held that…

2Cases cited1 opinion

  1. International Seed Co. v. HartmannAppellate Division of the Supreme Court of the State of New York · 1901

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