Faville v. Hadcock
New York Supreme Court
Motioh to set aside judgment by default, to permit defendants to come in and defend and to strike from the judgment plaintiff’s costs and direct costs in favor of defendants.
1Opinion of the CourtSpencer, J.
The action is to foreclose a mechanic’s lien. The summons and complaint were served personally on both defendants and they have purposely made default. Judgment being taken against them with costs, they now, without presenting any excuse for not appearing at the proper time, ask to be permitted to come in and off-set against the plaintiff’s demand, a small claim for damages because of the unworkmanlike manner in which plaintiff’s services were performed. All the facts pertaining to such off-set were fully known to them at the time the summons and complaint *398were served, and to allow them now…
2Cases cited3 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Coon v. BrookNew York Supreme Court · 1856
3Cited by3 opinions
- Salerno v. Vogt, New York County Courts1912
- Eastern Wood-Working Co. v. BisgeierNew York Supreme Court · 1920
- La May & Poudrier, Inc. v. Smith, New York County Courts1956