Maccarone v. Hayes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas F. Hayes, from an order of the Supreme Court, made at tim Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of December, 1902, granting the plaintiff’s motion for judgment on the ground that said defendant’s answer was frivolous, and directing the entry of judgment against said defendant.
1Opinion of the Court
Woodward, J.:
The defendant Hayes appeals from an order of the Special Term of the Supreme Court, Kings county, declaring his answer frivolous and directing judgment in favor of the plaintiff on the pleadings.. The amended complaint to which the 'answer was interposed alleged: “ First. On information and belief that on the 6th day of June, 1902, the defendant made and executed the following note:'
*43“$100. Woodhaven, H. Y., 6th June, 1902, one month after ■date I promise to pay to the order of Hazard & Co. one hundred .and 00 /TOO dollars at the Woodhaven Bank, value received.
“THOMAS F. HAYES.
“…
2Cases cited9 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Clark v. . DillonNew York Court of Appeals · 1884
- Allen v. . PattersonNew York Court of Appeals · 1852
- Strong v. . SproulNew York Court of Appeals · 1873
- Youngs v. . KentNew York Court of Appeals · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dart v. Van HornNew York Supreme Court · 1909
- Sharp v. SharpNew York Supreme Court · 1914