Furanz v. Tramontano
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Furanz, from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of the clerk of the county of Saratoga on the 14th day of June, 1916, denying his motion for judgment on the pleadings consisting of a complaint and answer.
1Opinion of the Court
Cochrane, J.:
In October, 1915, the defendant Dunlavey, who was a justice of the peace, issued a summons in behalf of the defendant herein Tramontano and against the plaintiff herein. The summons described the defendant, in that action as Frank Furanz. It was, however, properly served on Joseph Furanz, who appeared in the action before the justice of the peace and defended the same and raised no objection that he was not properly described in the summons or other proceeding in said action. The justice rendered a judgment against him under the name of Frank Furanz and issued an execution…
2Cases cited2 opinions
- Dauchy v. BrownNew York Supreme Court · 1863
- Rich v. MarkhamNew York Supreme Court · 1895
3Cited by2 opinions
- Daley v. Dennis, New York County Courts1930
- Stern v. BambergerNew York Supreme Court · 1945