Industrial Bank of Schenectady v. Jack

The defendant Maderic appeals from an order of the Supreme Court which denied his motion for summary judgment dismissing the complaint herein against him.

The action is upon a conditional sales contract to recover an alleged balance of the purchase price of an automobile sold to the defendant Jack, and defendant-appellant. Plaintiff is the assignee of such contract. Both Jack and the defendant-appellant signed the conditional sales agreement as buyers. In the action herein the defendant Jack defaulted and a default judgment was taken against him without an order of severance continuing the…