Seventh Ave. Meat & Provision Co. v. Del Favero
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by the Seventh Avenue Meat & Provision Company against Louis Del Fa veto. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtSeabury, J.
This action was brought to recover for goods sold and delivered. The summons was returnable on January 37, 1910. Before the court opened on that day, the defendant paid the amount claimed, and received from the plaintiff a receipt in full settlement. When the case was called, the defendant did not appear, and the plaintiff’s attorney caused judgment to be entered by default against the defendant. This judgment was subsequently vacated, and the defendant interposed an answer pleading payment. The action was tried, and the return shows that a judgment was entered in favor of the *47plaintiff for…
2Cited by1 opinion
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