Mansson v. Nostrand
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George E. Nostrand, from a judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 9th day of November, 1917, upon the verdict of a jury and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
It is contended that the County' Court of Kings county was without jurisdiction to entertain this action, which was instituted for the recovery of a sum of money. The summons and complaint were served on May 8, 1917; the summons does not state any sum for which judgment would be taken in case of default, but does state that “ in case of your'failure to appear, or answer, judgment will be taken against you by default for the relief demanded in the complaint,” which was for the sum of $2,000, “ with interest from the 9th day of December, 1916, besides the costs and disbursements of…
2Cases cited3 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Howard Iron Works v. Buffalo Elevating Co.New York Court of Appeals · 1903
- Heffron v. JenningsAppellate Division of the Supreme Court of the State of New York · 1901