Kessler v. Vera

Appellate Terms of the Supreme Court of New York

Kessler v. Vera

25 Misc. 763, 54 N.Y.S. 142

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1898

StatusPublished

This text of 25 Misc. 763 (Kessler v. Vera) 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

Kessler v. Vera, 25 Misc. 763, 54 N.Y.S. 142 (N.Y. Ct. App. 1898).

Pincite

Opinion

Per Curiam.

On the return day of the summons the defendant failed to appear. The counsel for the plaintiffs thereupon put in his proofs which were certainly sufficient on the face of the record to support the complaint which was for a conversion. The justice, however, refused to render judgment in favor of the plaintiffs. Eo reason whatsoever is assigned by him for his action nor is there anything perceptible in the record to give it support. We are, likewise, without any assistance in the matter from the respondent who has also failed to appear on the argument of the appeal. As the plaintiffs were entitled to judgment a new trial must be ordered.

Judgment reversed and new trial ordered.

Present: Beekman, P. J., Gildebsleeve and Giegebich, JJ.

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Per Curiam.

On the return day of the summons the defendant failed to appear. The counsel for the plaintiffs thereupon put in his proofs which were certainly sufficient on the face of the record to support the complaint which was for a conversion. The justice, however, refused to render judgment in favor of the plaintiffs. Eo reason whatsoever is assigned by him for his action nor is there anything perceptible in the record to give it support. We are, likewise, without any assistance in the matter from the respondent who has also failed to appear on the argument of the appeal. As the plaintiffs were entitled to judgment a new trial must be ordered.

Judgment reversed and new trial ordered.

Present: Beekman, P. J., Gildebsleeve and Giegebich, JJ.

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Bluebook (online)

25 Misc. 763, 54 N.Y.S. 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kessler-v-vera-nyappterm-1898.