Bank of America v. Biren

Defendant appeals from the judgment for $10,251.69 against him for damages caused plaintiff by his forgery of the names of the payees of certain United States Treasury cheeks paid by plaintiff.

The action was commenced June 16, 1952, and summons issued the same day. Defendant was served with a copy of the summons and complaint on February 18, 1956. The affidavit of service is dated February 20, 1956, and the original summons was filed herein on March 20, 1956. On February 27, 1956, defendant appeared specially and filed a motion to dismiss said action for lack of prosecution under the…