Levenson v. Arnold
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Joseph Levenson against Manes Arnold. From a judg- ' ment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtScott, P. J.
Upon the trial of this action, and while the defendant was offering testimony, he asked leave to amend his answer. The plaintiff’s counsel claiming surprise, the court adjourned the case until the following day. Upon the ensuing day, after the calendar had been disposed of, the court called this case for the continuance of the trial. The defendant’s counsel being then absent, after waiting a short time, and no one appearing to represent the defendant, the plaintiff introduced some rebutting testimony, and the case was closed. Judgment was subsequently rendered in favor of the plaintiff. The…
2Cases cited4 opinions
- Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
- Kerr v. WalterAppellate Division of the Supreme Court of the State of New York · 1905
- Atwood v. AustinNew York Supreme Court · 1819
- Thompson v. SheridanNew York Supreme Court · 1894
3Cited by2 opinions
- In re the Estate of MorningstarNew York Surrogate's Court · 1932
- Castell v. Sterling Fire InsuranceAppellate Terms of the Supreme Court of New York · 1910