Metropolitan Commercial Corp. v. Scheffler

The complaint sets up a cause of action to recover upon a promissory note and then proceeds to allege facts which would constitute fraud by the defendant against the plaintiff in contracting the liability. Inspection of the complaint shows plainly that the cause of action alleged is one in contract upon the note and not one in tort for damages for fraud or deceit.

After a trial the court granted judgment in favor of the plaintiff and against the defendant for the amount demanded in the complaint, with costs; subsequently, without notice to the defendant and after the defendant’s time to appeal…