
    Lindon W. Bates, Plaintiff, v. The Plasmon Co. of America and Howard E. Wright, Defendants.
    (Supreme Court, Kings Special Term,
    June, 1903.)
    Practice — Service of amended answer.
    A defendant who has served his answer by mail may as of course serve within forty days thereafter an amended answer.
    Tiie defendant Wright served his answer by mail, and more than twenty days and less than forty days thereafter, served an amended answer. The amended answer was returned on the ground that it was served too late, and the defendant thereupon moved for an order directing that service of the amended answer stand.
    Rudd & Sykes, for motion.
    Goodale, Hanson & Price, opposed.
   Maddox, J.

For the reason stated in Binder v. Metropolitan St. R. Co., 68 App. Div. 281, and on that authority the motion must he granted.

Motion granted.  