98 N.Y.S. 404 | N.Y. App. Div. | 1906
This is an action brought to recover'a. balance claimed to be due to plaintiffs as brokers upon the "sale of certain shares of stock purchased by them for the account of the defendant and upon his request. The answer is a general denial.- Issue was . joined in 1901. The. case has been on the calendar since October, 1901. Having appeared upon the Friday call calendar it was moved for trial by the plaintiffs and thereafter duly appeared upon the day calendar of Trial Term, Part X, and upon the first day that it so appeared, the defendant not. appearing, it was marked for inquest for a subsequent day. It again appeared "upon the day calendar upon the adjourned day; and the defendant not appearing an. inquest was taken on said day, January 23, l906,.and judgment thereon entered on February 7, 1906. .
Thereafter the defendant obtained an order to show cause, returnable. on the sixteenth of February, why said inquest should not. be set aside and the judgment vacated. The defendant moved upon
O’Brien, P. J., Patterson, Ingraham and Laughlin, J J., concurred.
Order reversed, with ten dollars costs and disbursements, and with leave to renew on terms stated in opinion. Order filed.