Morris v. Kahn
City of New York Municipal Court
Appeal from an order made at a Special Term of the Oity Court of the city of New York, opening the defendant’s default on terms.. The action was for fraud, in making a false written statement,. upon the strength of which credit was extended to the defendant. Ro affidavit of merits was or had heen served.
1Opinion of the CourtCorlan, J.
This is an appeal from an order opening the defendant’s default. The summons was served without any complaint, and contained the usual indorsement in such cases, that upon default to appear or answer, judgment for a specified sum would be taken. Conceding the amount demanded to be due, as upon contract, and not being authorized or advised of the gravamen of any complaint, the defendant was advised that a defense to the action would be useless, unless, perhaps, it was desired to delay a judgment. Failing to appear or answer, therefore, a judgment was entered upon a complaint, charging fraud,…
2Cited by1 opinion
- Seeley v. GreeneNew York Supreme Court · 1931