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Reid v. Jackson's Baggage Express
107 N.Y.S. 633
| N.Y. App. Term. | 1907
|
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PER CURIAM.

Plaintiff sued defendant for the loss of two trunks, for which she claimed $2,000. Defendant allowed its time to answer to expire, and a judgment by default was entered against defendant on the claim. Defendant moved to open the default, which motion was granted, on payment of $10 costs and disbursements. From the order granting the motion plaintiff appeals.

The motion papers are defective, in that they fail to contain a copy of the proposed answer. Schumpp v. Int. St. Ry. Co., 81 App. Div. 576-577, 81 N. Y. Supp. 366; Meyer v. City of New York, 80 App. Div. 584, 80 N. Y. Supp. 774; Allen v. Fowler, 45 App. Div. 506, 61 N. Y. Supp. 325.

The order is reversed, with $10 costs and disbursements, and the motion is denied, with $10 costs, but without prejudice to a new motion in the court below.

Case Details

Case Name: Reid v. Jackson's Baggage Express
Court Name: Appellate Terms of the Supreme Court of New York
Date Published: Dec 12, 1907
Citation: 107 N.Y.S. 633
Court Abbreviation: N.Y. App. Term.
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