Legal Opinion

Rich v. Roberts

City of New York Municipal Court

Decided March 28, 1890PublishedCited by 1 opinion

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

  1. Binney v. LeGalNew York Supreme Court · 1855
  2. Garrison v. GarrisonNew York Supreme Court · 1884

3Cited by1 opinion

  1. Rosenberg v. BoehmNew York Supreme Court · 1893

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