Graham v. Pinckney
The Superior Court of New York City
This was a motion on the part of the defendant to set aside a judgment which has been entered up against him by default, for • want of an answer; open such default; and to permit him to plead. . The action was brought to recover $1900, alleged in the complaint to be due to the plaintiff from the defendant on the purchase of certain stocks, and the answer sought to be interposed by the defendant, through his father and guardian ad litem, (James M. Pinckney,) simply avers that…
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This was a motion on the part of the defendant to set aside a judgment which has been entered up against him by default, for • want of an answer; open such default; and to permit him to plead. . The action was brought to recover $1900, alleged in the complaint to be due to the plaintiff from the defendant on the purchase of certain stocks, and the answer sought to be interposed by the defendant, through his father and guardian ad litem, (James M. Pinckney,) simply avers that the defendant is a minor, within the age of twenty-one years. The motion was made upon the proposed answer, (which…
1Opinion of the CourtBarbour, J.
As the affidavit used on the application for an extension shows that the attorneys for the defendant had then determined to plead infancy, a plea which would have been not only short and simple, but, if true, a perfect defense, I am unable to perceive why they did not then *149put in that answer, instead of applying for an extension of time. It would have required no more time to draw such an answer, than it probably did to make a draft of the order, and the affidavit on which it was founded. Indeed, the proposed answer, with its verification, is no longer than the affidavit and order, and…
2Cited by4 opinions
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- Schilling's Heirs v. Kent Piling Co.Louisiana Court of Appeal · 1951
- Wyatt Lumber Co. v. ArnoldLouisiana Court of Appeal · 1956