McKnight v. Baker

Decided June 15, 1845

New York Supreme Court · decided 1845-06-15

Motion by defendant to set aside inquest for irregularity.—This suit was commenced to recover the amount of a promissory note made hy defendant Baker, and endorsed by one Peter Comstock. The declaration filed was against Baker and Comstock. A copy of the declaration was served on the defendant Baker, 26th November last; no declaration was ever served on Peter Comstock.

Cited by 2 later decisions — most recently July 1897

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1845-06-15

View the full empirical analysis of this case →

Jewett, Justice.

¶1Denied the motion on the ground that Peter Com-stock had no right to appear and plead ; he never having been served with process. Plaintiff had a perfect right to disregard the appearance and plea, and go on and take his inquest against Baker.

¶2Motion denied with costs.