Levin v. 37th Street Drug & Liquors, Inc.

The defendant appeals from a judgment entered in favor of the plaintiff upon a promissory note in the amount of $5,618.35. Judgment by confession was originally obtained and the defendant petitioned to vacate the judgment. The judgment was opened and leave granted to defend, and the cause came to trial without a jury. The trial court reinstated the judgment and the defendant prosecutes this appeal.

The issues presented at trial were in substance whether the parties who signed the note for the corporation as officers of the defendant-corporation were in fact officers so as to bind the defendant…