Schwartz v. Woman's Mutual Insurance & Accident Co.

Superior Court of New York

Schwartz v. Woman's Mutual Insurance & Accident Co.

14 N.Y.S. 951, 1891 N.Y. Misc. LEXIS 2686

CourtThe Superior Court of the City of New York and Buffalo

DecidedMay 4, 1891

StatusPublished

This text of 14 N.Y.S. 951 (Schwartz v. Woman's Mutual Insurance & Accident Co.) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwartz v. Woman's Mutual Insurance & Accident Co., 14 N.Y.S. 951, 1891 N.Y. Misc. LEXIS 2686 (superctny 1891).

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Opinion

Freedman, J.

It would serve no useful purpose to discuss at length the imputations of the attorneys made against each other in this ease. After due consideration of all that has been urged on both sides, I have arrived at the conclusion that the order appealed from should be modified so as to read, after the recitals contained therein, as follows, viz.: “Ordered that, upon defendant’s paying, within 10 days after the entry of this order as hereby modified, ten dollars costs cf motion, and at the same time serving an answer duly verified to the complaint in this action, the judgment entered herein, as of default, by plaintiff against the defendant on the 19th day of January, 1891, be, and the same hereby is, vacated and set aside; and that, upon defendant’s failure to comply with the terms of this order, the motion of.the defendant be, and the same hereby is, denied, with ten dollars costs;” and that, as so modified, the order should be affirmed, without costs to either party on this appeal.

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Freedman, J.

It would serve no useful purpose to discuss at length the imputations of the attorneys made against each other in this ease. After due consideration of all that has been urged on both sides, I have arrived at the conclusion that the order appealed from should be modified so as to read, after the recitals contained therein, as follows, viz.: “Ordered that, upon defendant’s paying, within 10 days after the entry of this order as hereby modified, ten dollars costs cf motion, and at the same time serving an answer duly verified to the complaint in this action, the judgment entered herein, as of default, by plaintiff against the defendant on the 19th day of January, 1891, be, and the same hereby is, vacated and set aside; and that, upon defendant’s failure to comply with the terms of this order, the motion of.the defendant be, and the same hereby is, denied, with ten dollars costs;” and that, as so modified, the order should be affirmed, without costs to either party on this appeal.

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Bluebook (online)

14 N.Y.S. 951, 1891 N.Y. Misc. LEXIS 2686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-womans-mutual-insurance-accident-co-superctny-1891.