American Wire & Steel Bed Co. v. Goldman
Appellate Terms of the Supreme Court of New York
Appeal from'Municipal Court, Borough of Manhattan, Fifth District. Action by the American Wire & Steel Bed Company against Samuel Goldman. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBlanchard, J.
Upon the return day of the summons the defendant appeared and specially traversed the return of the marshal as to the service of a summons by filing affidavits saying only the copy of an alias summons had been delivered to him, unaccompanied by any copy of the original summons. The record shows that the traverse being overruled on the return day, September 23, 1902, defendant answered and then appeared generally. The record further shows that the trial was adjourned to December 5, 1902, and again adjourned to December 15, 1902, upon which latter day the defendant appeared by counsel to'…