Marchesini v. Scaccianoce
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Giuseppe Scaccianoce and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of November, 1905, denying the defendants’ motion to open their default.
1Opinion of the Court
Ingraham, J.:
The plaintiffs, residents of the city of New York, seek to recover from the defendants, residents of Messina, Kingdom of Italy, for a > breach of a contract to deliver oil in the city of New York. One of the defendants interposed an answer denying the breach, and setting up a counterclaim, and the other defendant answered denying that he had any connection with the. contract, or anything to do with it. The defendants then applied for a commission to take testimony in Italy, which was granted, but which was not executed; and the cause was subsequently placed upon the special…
2Cited by2 opinions
- Damsky v. DochtermanAppellate Terms of the Supreme Court of New York · 1909
- Sons v. BuellesbachAppellate Terms of the Supreme Court of New York · 1907