Industrial Bank of Schenectady v. Jack

This action was commenced on January 12, 1953, on a conditional sales contract to recover the balance owing to the plaintiff, as assignee from Kaye-Kars, Inc., because of the failure of the defendant, Walter Jack, in making monthly payments in accordance with said contract for the sale of a 1948 Buick automobile.

The defendants were sued both jointly and severally as purchasers under the conditional sales contract. The defendant, Walter Jack, defaulted in appearing or answering, but the defendant, Matthew J. Maderic, answered by a general denial and six affirmative defenses. Default judgment…