Smith v. Geraty
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Municipal Court of the city of ¡New York, third district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
Issue was joined in this case by a complaint and answer, and the case was set down for trial upon January 29, 1909. The-plaintiff’s attorney having, as he says, “ found myself suddenly overwhelmed with imperative appointments,” applied to the defendants’ attorney for a postponement; and a written stipulation was entered into between them, setting the case down for trial on February 4, 1909, and this stipulation was filed with the clerk of the court. On February fourth, the defendant not appearing, the plaintiff took an inquest; and judgment was entered against the defendant by default. On…
2Cases cited3 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Dorfman v. HirschfieldNew York Supreme Court · 1907
- Bloch v. WeinsteinAppellate Terms of the Supreme Court of New York · 1909
3Cited by1 opinion
- Bankers' Investing Co. v. MargoliesAppellate Terms of the Supreme Court of New York · 1910