Watertown National Bank v. Westchester County Water-Works Co.
New York Supreme Court
Motion by defendant to vacate a judgment taken by plaintiff against it as upon a default-upon a note for $5,000 made by th© defendant, with interest and costs.
1Opinion of the CourtHiscock, J.
This action was brought by plaintiff against defendant to recover upon a note for $5,000 made by the latter. It was commenced by service of a summons and complaint. Within twenty days after such service the defendant appeared and am* *686swered raising certain issues, but failed to procure and serve with • its answer a copy of an order by a judge directing that the issues presented by the pleadings be tried, as provided by the' Code. Thereafter, and without returning said answer, plaintiff took judgment as upon a default. The only contention between the parties is whether plaintiff could take…
2Cases cited2 opinions
- Shorer v. Times Printing & Publishing Co.New York Court of Appeals · 1890
- Storer v. Times Print. & Pub. Co.New York Supreme Court · 1889
3Cited by1 opinion
- Hein v. Standard Die & Tool Works, Inc.City of New York Municipal Court · 1920