Davis v. Ross

An action based on fraud, brought by Louis Davis against Milton J. and Claudia S. Ross, was reached for trial on April 18, 1932. Defendants’ counsel sought an adjournment, which was denied. An inquest was then had. Plaintiff waived *579a jury and a decision by moving for a direction of a verdict as if a jury were present. The court, after hearing the evidence, directed a verdict for Davis, but stayed the entry of judgment pending a motion to open the default. On April 29, 1932, the Special Term granted defendants’ motion to open the default on certain conditions, which were not met. On May 5,…