Cavalla v. Ernest F. Elliot, Inc.

In an action to recover damages for breach of contract, defendant Ernest F. Elliot appeals from an order of the Supreme Court, Dutchess County (Quinn, J.), dated April 9, 1980, which denied his motion to vacate a default judgment, entered after inquest upon his failure to appear at trial. Order affirmed, with $50 costs and disbursements. Under the circumstances of this case, Special Term erred in finding that defendant Elliot failed to establish a meritorious defense. Where an individual attempts to guarantee the liability of a corporation, his personal liability for breach of contract does…