Morris Plan Co. of New York v. Lorber

On November 25th, 1932, defendants were personally served with summons and complaint in an action on contract. The complaint was endorsed in accordance with the rule requiring the filing of an affidavit of merits. Four days thereafter defendants made demand upon plaintiff for a bill of particulars. On December 14th, 1932, no affidavit of merits having been filed, judgment for the plaintiff was entered by default against both defendants. Defendants now seek to have the judgment vacated as improvidently entered. No defense, meritorious or otherwise, is interposed. The defendants rely upon the…