Paine Lumber Co. v. Galbraith
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Paine Lumber Company, Limited, against Andrew Galbraith, impleaded with Inness Galbraith. .From an order granting their motion that plaintiff’s attorney be directed to accept an answer, but requiring them to pay costs and stipulate to try on a specified date, defendant Andrew Galbraith appeals.
1Opinion of the CourtWillard Bartlett, J.
The answer which the appellant attempted to serve was signed by C. Arthur Goan, as defendant’s attorney. The plaintiff’s attorney declined to receive it, on the ground that this defendant had appeared by Charles S. Bloomfield as his *972attorney, and that Mr. Coan had not been substituted for Mr. Bloomfield. There is no contention that the appellant had ever appeared in the action in the manner prescribed by section 421 of the Code of Civil Procedure. Mr. Bloomfield, however, had obtained from the plaintiff’s attorney four extensions of time for the defendant to answer. One of these stipulations…
2Cases cited3 opinions
- Wood v. FurtickAppellate Terms of the Supreme Court of New York · 1896
- Douglas v. HaberstroNew York Supreme Court · 1879
- Benedict v. ArnouxNew York Supreme Court · 1895
3Cited by1 opinion
- Davenport v. Superior Court of Imperial CountyCalifornia Supreme Court · 1920