Durst v. Ernst
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff-from a judgment of the Municipal Court of the city of Rew York, fifth district, borough of Manhattan, in favor of the defendant, upon the verdict of a jury.
1Opinion of the CourtBischoff, J.
The defendant sought to justify the taking of the plaintiff’s property upon an execution issued on a judgment obtained by default after service of a summons against “ Samuel Dust,” the claim being that the plaintiff was known by that name, and also that he had appeared for the purpose of moving to open his default, taken in that name;
The contention of the plaintiff at the trial was that he was never known as Samuel Dust and that he never authorized an appearance in his behalf upon the motion to open the default.
If “ Samuel Dust ” was not this plaintiff’s name, accord*628ing to any customary…
2Cases cited1 opinion
- Fischer v. HetheringtonThe Superior Court of the City of New York and Buffalo · 1895
3Cited by2 opinions
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Grossman v. Loeber Hair Co.City of New York Municipal Court · 1915