Triana v. West India Fruit & Steamship Co.

GEORGE E. HOLT, Circuit Judge.

This is an appeal from a final judgment rendered against appellant, West India Fruit & Steamship Co., Inc. subsequent to judgment by default entered without notice. Appellee, plaintiff below, filed an amended complaint to which appellant filed no further response — electing to stand on its original defense as contained in its answer. The record shows that at the time of entry of judgment by default appellant had on file an answer, filed in good faith, tendering an issue as to the material allegations of the complaint as originally filed and amended.

This fact was…