Spellman v. Looschen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jared J. Looschen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of June, 1897, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Ingraham, J.:
The action was commenced to set aside a judgment obtained by the defendant against the Muehlfeld & Haynes Piano Company on June 9, 1894. The summons in the action in which the judgment was obtained was served on June 4, 1896, upon the president" of the plaintiff corporation. No answer was interposed by the defendant, and judgment was taken by default. The plaintiff, as receiver of the judgment debtor, seeks to have this judgment declared void, under the provisions of section 48 of the Stock Corporation Law of 1892 (Chap. 688), which provides that “No * * * judgment suffered by…
2Cases cited4 opinions
- Varnum v. . HartNew York Court of Appeals · 1890
- French v. . AndrewsNew York Court of Appeals · 1895
- In re Muehlfeld & Haynes Piano Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Lopez v. Merchants & Farmer's National BankAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Paul Armstrong Co. v. Majestic Motion Picture Co.City of New York Municipal Court · 1914
- Rossman v. SeaverAppellate Division of the Supreme Court of the State of New York · 1899
- Gaedeke v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1899