Rich v. Roberts
City of New York Municipal Court
Actions by Irving H. Rich against Herbert A. Roberts and Delia G. Rich for the value of services rendered, and by William A. Rich against the same defendants on a promissory note. Defendant Roberts moves that the judgmenfc rendered therein be vacated as to him. Code Civil Proc.
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Actions by Irving H. Rich against Herbert A. Roberts and Delia G. Rich for the value of services rendered, and by William A. Rich against the same defendants on a promissory note. Defendant Roberts moves that the judgmenfc rendered therein be vacated as to him. Code Civil Proc. H. Y. § 738, is as follows: “The defendant may, before the trial, serve upon the plaintiff’s attorney a written offer to allow judgment to be taken against him for a sum, or property, or to the effect, therein specified, with costs. If there are two or more defendants, and the action can be severed, a like offer may be…
1Opinion of the CourtPitzsimons, J.
This is a motion to vacate and set aside, as against the defendant Roberts, the judgment entered in above actions. These judgments, in the aggregate, amount to $1,688.80. It appears that the defendants'are co-partners, carrying on business under the firm name of Roberts & Co. On March 18th the summons and complaint in each of these actions (the attortorneys for each plaintiff being the same law firm, viz., Messrs. Blumenstiel & Hirsch) were served upon the defendant Delia C. Rich, who is the sister of the plaintiff. One action is based upon a promissory note alleged to be a firm note, and the…
2Cases cited2 opinions
- Binney v. LeGalNew York Supreme Court · 1855
- Garrison v. GarrisonNew York Supreme Court · 1884
3Cited by1 opinion
- Rosenberg v. BoehmNew York Supreme Court · 1893