Gundersheim v. Kurcer

Motion by the defendant to vacate the default judgment entered against him on or about September 4, 1958, in the sum of $41,984.60, and to compel the plaintiff to return the proceeds of two accounts of the defendant totaling $3,547.74, which were turned over by the Manufacturers Trust Company, as a third party, pursuant to an order of this- court dated November 3, 1958.

The grounds of the motion basically are that jurisdiction of the person of the defendant was never obtained by the valid service of process upon him and that in any event plaintiff’s claim against him is groundless. In that…