Kirsch v. Herculean Products Co.

The appeal herein is from an order granting plaintiff’s motion to strike out the answer of the defendant and ordering judgment as upon a default in favor of the plaintiff, and from the judgment entered thereon. The order appealed from was made upon plaintiff’s motion, apparently under section 405 of the Civil Practice Act, for failure of defendant’s president to appear for further examination pursuant to an adjournment of his examination before trial taken under an order which directed the production of books, papers and records of the defendant.

The judgment entered pursuant to such order as…