Zivi v. Einstein
New York Court of Common Pleas
Appeal from city court, general term. Action by Bernard Zivi against Elias Einstein and Louis Nelke to recover the amount of a judgment entered against a corporation of which defendants were stockholders. From an order of the general term of the city court affirming an order striking out answers as sham, (20 N. Y. Supp. 893,) and from a judgment entered on the order striking out the answers, (Id. 894,) defendants appeal. Order reversed. Appeal from judgment dismissed.
1Opinion of the CourtPryor, J.
The judgment, being by default for want of an answer, is not appealable to this court. Keller v. Feldmann, 21 N. Y. Supp. 581 (herewith decided.) 'But the appellants are not remediless. We have unquestionable jurisdiction to review-the order affirming the order striking out the Answer; and, should we find error in the decision complained of, it will be the duty of the court below to reinstate the answers and try the case on the issues raised. The action proceeds upon section 34 of the act of 1875, c. 611, and is prosecuted to enforce against the defendants, as stockholders, a debt or…
2Cases cited4 opinions
- Miller v. . WhiteNew York Court of Appeals · 1872
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Robert Gere Bank v. InmanNew York Supreme Court · 1889
- Fasnacht v. StehnNew York Supreme Court · 1869
3Cited by2 opinions
- Humble v. McDonoughSuperior Court of Buffalo · 1893
- Dittemore v. Cable Milling Co.Idaho Supreme Court · 1909