Industrial Bank of Schenectady v. Jack

Appeals from orders of Schenectady County Court, (1) denying defendant-appellant’s motion to vacate a default judgment and (2) denying his motion to resettle the order which denied the motion to vacate the default judgment. This action was commenced by the plaintiff as assignee of a conditional sales contract to recover the balance owing from the defendant Jack and the defendant-appellant Maderie both of whom signed the contract on lines under which was printed “ Buyer sign here ”. The plaintiff took judgment against the defendant Jack and continued its action against the defendant-appellant.…