Legal Opinion

Hamburger v. Hellman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 11 opinions

Appeal by the plaintiffs, Barnett Hamburger and another, copartners, doing business as Hamburger & Kleinfcld, from an order of the.Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 15th day of December, 1904, reversing a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, in favor of the plaintiffs, entered on the 21st day of September, 1004, and dismissing the plaintiffs’ complaint.

1Opinion of the Court

Ingraham, J.:

The action was commenced in the Municipal Court by the service of a summons which required the defendant, upon the lltli day of August, 1904, “ to answer the complaint of the plaintiff in this action, who, if yon then fail to appear and answer,- will take judgment against you for the sum of $500 00/100, * * * with interest from the--day o'f •--], 190-, together with the costs of this action.” In response to this summons the defendant appeared when the plaintiffs complained against the defendant upon an oral complaint for damages for a breach of a contract. • To this the defendant…

2Cases cited1 opinion

  1. Heffron v. JenningsAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by11 opinions

  1. Halpern v. Langrock Bros.Appellate Division of the Supreme Court of the State of New York · 1915
  2. Gigliotti v. JacksinaAppellate Division of the Supreme Court of the State of New York · 1923
  3. People ex rel. Evarts v. Municipal CourtAppellate Division of the Supreme Court of the State of New York · 1914
  4. Warden v. GoldmanAppellate Terms of the Supreme Court of New York · 1914
  5. Abbey Rent A Car, Inc. v. MooreAppellate Division of the Supreme Court of the State of New York · 1968

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