Martin v. Goldstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bernard F. Martin, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 11th day of November, 1896, which affirmed upon appeal a judgment of the Municipal Court of the city of Rochester, vacating a warrant of attachment and a summons issued in the above-entitled action.
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Appeal by the plaintiff, Bernard F. Martin, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 11th day of November, 1896, which affirmed upon appeal a judgment of the Municipal Court of the city of Rochester, vacating a warrant of attachment and a summons issued in the above-entitled action. This action, which was brought to recover for goods sold and delivered by the plaintiff to the defendant, was commenced in the Municipal Court of the city of Rochester on the 9th day of April, 1896. At the time…
1Opinion of the Court
Adams, J.:
By express legislative enactment the Municipal Court of the city of Rochester is to be deemed a Justice’s Court, and the procedure therein is governed by the provisions of chapter 19 of the Code of Civil Procedure, which relates to courts of justices of the peace. (Code Civ. Proc. §§ 3226, 3227; Baird v. Helfer, 12 App. Div. 23.)
' This action was, therefore, properly commenced by a summons made returnable upon a day fixed and specified therein. But the return day, unfortunately for the plaintiff, happened to be on' Saturday, and when the defendant appeared' it was made known for the…
2Cases cited8 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Griffith v. WellsNew York Supreme Court · 1846
- Verona Central Cheese Co. v. . MurtaughNew York Court of Appeals · 1872
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3Cited by9 opinions
- People v. ColozzoNew York Supreme Court · 1967
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- Chase Manhattan Bank, N.A. v. PowellNew York Supreme Court · 1981
- JPMorgan Chase Bank, National Ass'n v. LilkerAppellate Division of the Supreme Court of the State of New York · 2017
- New York & New Jersey Telephone Co. v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1908
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