John J. Felin & Co. v. Sanctis

Appellate Terms of the Supreme Court of New York

John J. Felin & Co. v. Sanctis

159 N.Y.S. 174

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 26, 1916

StatusPublished

This text of 159 N.Y.S. 174 (John J. Felin & Co. v. Sanctis) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John J. Felin & Co. v. Sanctis, 159 N.Y.S. 174 (N.Y. Ct. App. 1916).

Pincite

Opinion

PER CURIAM.

The defendant in this case seems to have acted in good faith in attempting to serve his answer in time, although perhaps ignorant, he having no attorney at the time, as to what was actually re[175]*175quired of him. He submitted, on his motion to open his default, a verified answer in which he positively denied owing the plaintiff the entire amount claimed, but admits an indebtedness of $38. We think the order should be reversed, and the default opened, upon condition that he give an undertaking in the sum of $200, conditioned that he will pay any judgment and costs that may be rendered against him; otherwise, order affirmed, with $10 costs.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The defendant in this case seems to have acted in good faith in attempting to serve his answer in time, although perhaps ignorant, he having no attorney at the time, as to what was actually re[175]*175quired of him. He submitted, on his motion to open his default, a verified answer in which he positively denied owing the plaintiff the entire amount claimed, but admits an indebtedness of $38. We think the order should be reversed, and the default opened, upon condition that he give an undertaking in the sum of $200, conditioned that he will pay any judgment and costs that may be rendered against him; otherwise, order affirmed, with $10 costs.

Cite This Page — Counsel Stack

Bluebook (online)

159 N.Y.S. 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-j-felin-co-v-sanctis-nyappterm-1916.