Legal Opinion

Brooks v. Delaware, Lackwanna & Western Railroad

Appellate Terms of the Supreme Court of New York

Decided June 23, 1904Published

Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Julius. Brooks and another against the Delaware, Lackawanna & Western Railroad Company. From a judgment for plaintiffs, defendant appeals. Reversed.

1Opinion of the CourtScott, J.

In this action the defendant appeals both from the judgment which was entered on default, and from the order denying its motion to open the default. The pleadings were oral, and the cause of action stated is “breach of contract,” the claim, as disclosed by the bill of particulars, being for the value of certain goods shipped by plaintiffs for delivery to a purchaser in Denver; the allegation being *962that the goods were received by defendant, but neither delivered to the consignee nor returned to plaintiffs. The answer was a general denial. So far as concerns the motion to open the default, it…

2Cases cited1 opinion

  1. Wallot v. WeberAppellate Terms of the Supreme Court of New York · 1900

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