McCall Co. v. Unser
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The McCall Company, from an order of tire County Court of Nassau county, entered in the office of the clerk of said county on the 22d day of January, 1909, reversing a j udgment of a Justice’s Court of the town of Hempstead in favor of the plaintiff and directing a new trial.
1Opinion of the Court
Woodward, J.:
The plaintiff in this action, by a verified complaint, set out a cause of action for the value of certain goods sold and delivered to the defendant. This action was brought in Justice’s Court, and the defendant, it appears from the affidavits, put in an answer, the nature of which is nowhere disclosed. The verification of this answer was defective, in that the venue was laid in New York *372county, while the. oath was administered by a notary public of Nassau county. This, it would appear,- was merely an inadvertence, and upon the return day defendant appeared by án attorney and…
2Cases cited1 opinion
- Schumpp v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903