Export Flour & Feed Co. v. A. Mishler, Inc.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Export Flour & Feed Company, Incorporated, against A. Mishler, Incorporated. From an order denying defendant’s motion to vacate and set aside a judgment rendered against it by default, the defendant appeals. Appeal dismissed.
1Opinion of the CourtCohalan, J.
The defendant appeals from an order “denying the defendant’s motion to vacate and set aside the judgment.” The action was commenced by the service of a summons upon one Henry Siegel, stated in the affidavit of service to be the “treasurer of said A. Mishler, Incorporated.” A judgment was taken against the defendant by default on May 5, 1914, and upon January 26, 1914, the defendant obtained an order to show cause why an order should not be made “vacating and setting aside the judgment heretofore rendered.” Upon the hearing of this motion the defendant submitted affidavits attacking the…
2Cases cited5 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Review & Record Co. v. GilbrethAppellate Terms of the Supreme Court of New York · 1909
- Roberts & Lewis Co. v. DaleAppellate Terms of the Supreme Court of New York · 1911
- Phillips v. Albert, Inc.New York Supreme Court · 1913
- Canelli Wine Co. v. TassiNew York Supreme Court · 1915