Appeal Printing Co. v. Sherman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Roger M. Sherman, from an order of the City Court of the city of Mount Vernon, entered in the office of the clerk of said court on the 2d day of November, 1904, denying the defendant’s motion for judgment upon the counterclaim set forth in his amended answer.
1Opinion of the Court
Hooker, J.:
This is an appeal from an order of the City Court of Mount Vernon, denying the defendant’s motion for judgment upon the counterclaim set forth in his amended answer to the amended complaint. The amended answer was served by mail in due time, and was received by the plaintiff’s attorneys from the postman, who delivered it after the payment by them of two cents postage claimed by him to be due. After opening the package upon which this excess postage was paid and ascertaining that the paper was the amended answer of the defendant, it was returned to him by the plaintiff’s attorneys.…
2Cases cited5 opinions
- People ex rel. Collier v. Sheriff of BroomeNew York Supreme Court · 1838
- Gaffney v. BigelowNew York Supreme Court · 1876
- Manchester v. Van BruntNew York Court of Common Pleas · 1893
- Clark v. M'FarlandNew York Supreme Court · 1834
- Bross v. NicholsonNew York Supreme Court · 1845
3Cited by9 opinions
- Drake v. ComptrollerAppellate Division of the Supreme Court of the State of New York · 1951
- Horowitz v. WinterCity of New York Municipal Court · 1927
- In re the Estate of HartNew York Surrogate's Court · 1967
- Perl v. New York City Housing AuthorityNew York Supreme Court · 1962
- Buffalo Cadillac Corp. v. EiseleNew York Supreme Court · 1933
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