Cowen v. Finkel

The plaintiff on May 7, 1931, served the defendant with a summons and a notice to the effect that upon default in appearance or answer judgment would be taken for the sum of $18,466.29, with interest from January 16, 1930, and the costs of this action. The time of the defendant to answer did not expire until May 27, 1931. On May 12, 1931, prior to the appearance of the defendant, this plaintiff obtained an order to take the deposition of Franz Meitzen, a witness who declined to give an affidavit. The order was made returnable on May 22, 1931, before a referee. On May 16, 1931, the defendant…