Catalano v. North British & Mercantile Insurance Co. of London & Edinburgh
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, entered by default in the Municipal Court of the city of 3STew York, second district, borough of Manhattan, and from an order denying defendant’s motitih to open said default.
1Opinion of the CourtGildersleeve, J.
Issue was joined in this action on December 29, 1905, and the cause adjourned from time to time and finally set down for trial for March 8, 1905. Upon that day, and for two days prior thereto, the defendant’s attorney was actually engaged in the trial of a cause in the Supreme Court in Brooklyn. The plaintiff’s attorney was notified of such engagement and, when the case was called in the trial court, an affidavit was submitted to the trial judge setting forth such engagement and asking for an adjournment. This request was refused and inquest was taken and judgment rendered in favor of the…
2Cases cited4 opinions
- Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
- People v. MacWilliamsAppellate Division of the Supreme Court of the State of New York · 1904
- Kerr v. WalterAppellate Division of the Supreme Court of the State of New York · 1905
- Schrenkeisen v. KrollAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Browning v. New York Leasing Co.Appellate Terms of the Supreme Court of New York · 1908