Baker v. Stephens
New York Court of Common Pleas
Charles E. Baker, general agent and treasurer of the proprietors of the Independent, a newspaper, sued in his own name (as trustee of an express trust, in the contract in question), to recover the price of advertising done for the defendant, Philetus Stephens. The cause was before the general term in January 1869, on plaintiff’s motions to dismiss three appeals, taken by defendant.
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Charles E. Baker, general agent and treasurer of the proprietors of the Independent, a newspaper, sued in his own name (as trustee of an express trust, in the contract in question), to recover the price of advertising done for the defendant, Philetus Stephens. The cause was before the general term in January 1869, on plaintiff’s motions to dismiss three appeals, taken by defendant. Two were dismissed; and the cause was before the general term in December, 1870, for the determination of the third appeal. I. January, 1869. Motions to dismiss appeals. The proceedings on which these motions arose…
1Opinion of the CourtBrady, J.
I think the affidavit, on which the order to show cause why the defendant’s answer should not *12be stricken out, contains all that is necessary to authorize the exercise of the power so to order. The defendant was duly served, in accordance with the provisions of the act of 1853 (Laws of 1853, p. 974), with the summons to appear and be examined as a witness, and he has not either obeyed the summons or complied with the order of the court requiring him to appear and be examined. If he does not appear on March 16, 1868, at 10 A. M., or on such day as may be further named by this court, his answer…
2Cases cited13 opinions
- Hunt v. . BloomerNew York Court of Appeals · 1856
- Townsend v. . the Masterson, C., Stone Dressing Co.New York Court of Appeals · 1857
- Buffalo Savings Bank v. . NewtonNew York Court of Appeals · 1861
- People ex rel. Valiente v. DyckmanThe Superior Court of New York City · 1862
- Hazleton v. WakemanNew York Court of Appeals · 1848
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