114 N.Y.S. 898 | N.Y. App. Term. | 1909
The action was for goods sold and delivered. The plaintiff served and filed a verified complaint and upon the return day the defendant asked for and obtained an adjournment for the purpose of filing an answer. The case was adjourned until October fifth for trial, and the defendant was ordered to file Ms answer on or before October first which he did. On the day fixed for trial both parties answered ready. The plaintiff thereupon moved for judgment upon the pleadings. The trial judge thereupon took the matter under consideration, and some days later
Judgment reversed, without costs in this court, with leave to the defendant to file an answer within five days, upon payment of ten dollars costs in the lower court.
Giegerich and Seabury, JJ., concur.
Judgment reversed, without costs in this court., with leave to defendant to file an answer within, five days, upon payment of ten dollars costs.