Klotz v. Frolich
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Morris Klotz against Max Frolich. From an order denying a motion to open a default judgment rendered against plaintiff, and to vacate a judgment entered in defendant’s favor, plaintiff appeals. Modified and affirmed.
1Per curiam
The plaintiff, appearing by one Bernhard Hess, brought an action upon a check of the defendant, who answered with a general denial and a counterclaim for $50. The summons was returnable April 17, 1907, when the trial was set for the 18th. On that day the case was marked “Ready on both sides,” though the clerk and afterwards the court suggested that it could not be reached. Plaintiff’s counsel insisted day by day upon the case being marked “Ready,” until April 26th, when, he not appearing, the defendant had his complaint dismissed, and upon an inquest took judgment for the counterclaim of $50.…
2Cited by2 opinions
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