Ellias v. Thomas Furniture Works, Inc.

Ottaway, J.:

The defendant asserts that this judgment is founded upon a claim originally owned by one Peter Marcus, who was secretary of the defendant' corporation; that this claim was assigned by Peter Marcus to the plaintiff; that action was regularly brought thereon in the Municipal Court of the City of Dunkirk, and service of the papers was made on the said Peter Marcus, secretary; that the said Marcus did not report the fact of the commencement of this action to any other officer of the company, and permitted a default to be taken; that after the statutory limit of twenty days to appeal…