Fidelity & Casualty Co. v. Black
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Fidelity & Casualty Company of New York against James Black. From an order of the Municipal Court, opening a default judgment against plaintiff on terms, plaintiff appeals. Order modified, by striking therefrom the imposition of terms, and, as modified, affirmed.
1Opinion of the CourtWeeks, J.
Issue in this case was joined by the defendant in person, and the case set down for trial for November 26, 1915, and again adjourned at tire request of defendant until December 3, 1915. The action was brought to recover the sum of $7.50, claimed by plaintiff to be the amount of an earned premium upon an insurance policy issued by it to the defendant. On the adjourned day the attorney who was to try the case for the plaintiff was actually engaged in the Supreme Court in the trial of a case. An affidavit showing such engagement was offered to the trial justice by the clerk of the attorney, but…
2Cases cited2 opinions
- Mann v. HefterAppellate Terms of the Supreme Court of New York · 1911
- Silverman v. MarkAppellate Terms of the Supreme Court of New York · 1914