Stedeker v. Bernard
New York Court of Common Pleas
Appeal .from an order of this court allowing a defendant to serve an answer, after a previous answer by him had been stricken out, and vacating a judgment entered against him thereupon. In November, 1881, the plaintiff commenced an action against the defendants, as copartners, by the service of a summons and complaint upon the defendant Henry O. Bernard personally, to recover the amount of a check given by the said H. O. Bernard in the name of the firm.
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Appeal .from an order of this court allowing a defendant to serve an answer, after a previous answer by him had been stricken out, and vacating a judgment entered against him thereupon. In November, 1881, the plaintiff commenced an action against the defendants, as copartners, by the service of a summons and complaint upon the defendant Henry O. Bernard personally, to recover the amount of a check given by the said H. O. Bernard in the name of the firm. The defendants appeared and answered that the said check was given by Bernard individually, and that the same was not made by or on behalf of…
1Opinion of the CourtVan Brunt, P. J.
[After stating the facts as above.]—It appears conclusively from the papers in this case, as has been above stated, that the defendant was always aware of the defense which he now desires to set up against the check in question.
*468It appears that he alone of the members of the firm was personally served with process. It is true that a general appearance was entered for all the members of the firm at the time of the service of the answer. It also appears that he Avas in consultation with the attorney who put in the answer for all the defendants, and that he Avas his advisor then as he is noAv.…
2Cited by4 opinions
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- Barnum v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1904
- Barson v. MulliganNew York Supreme Court · 1904
- Myer Strasburger & Co. v. BonwitAppellate Division of the Supreme Court of the State of New York · 1916