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Merchants' National Bank v. Poughkeepsie Engine Co.

105 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1907-05-22 English

Contents

Majority

p. 1130
MERCHANTS’ NAT. BANK OF QUAKERSTOWN, PA., Respondent, v. POUGHKEEPSIE ENGINE CO. et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
May 22, 1907.)

Headnote

Action by the Merchants’ National Bank of Quakerstown, Pa., against the Poughkeepsie Engine Company and others.

Order reversed, with $10 costs and disbursements, and motion to open default granted, upon payment of $10 costs, the judgment to remain as security, without stay to enforcement and collection thereof, unless the defendants give security for the payment of any judgment recovered against the defendants in such amount as the Special Term may prescribe, and also upon condition that the defendants stipulate to go to trial at the term of the Supreme Court now being held in Cayuga county, at the option of the plaintiff, on three days’ notice.