LITTLE v. MERRILL


1 A.D.2d 724 (1955)

Richard Little, Respondent, v. Neale O. Merrill, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1955


The action was instituted by the service of a summons. The defendant defaulted in appearance and the plaintiff procured the entry of a default judgment upon filing a verified complaint and presenting oral proof of the cause of action before the County Judge. The complaint alleged that the plaintiff had lent the defendant the sum of $900, to purchase an automobile and that the defendant had failed to repay any part of it. The affidavit of the defendant submitted upon the motion...

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