HAMER v. EASTERN CREDIT ASSOCIATION, INC.

No. 3207.

192 A.2d 127 (1963)

James HAMER, Appellant, v. EASTERN CREDIT ASSOCIATION, INC., Assignee of Acacia Employees Federal Credit Union, Appellee.

District of Columbia Court of Appeals.

Decided June 19, 1963.


Attorney(s) appearing for the Case

James W. Cobb, Washington, D. C., for appellant.

Paschal R. La Padula, Washington, D. C., for appellee.

Before QUINN and MYERS, Associate Judges, and CAYTON (Chief Judge, Retired).


QUINN, Associate Judge.

In this case appellee sued for the balance due on a note and obtained judgment by default. About nine months later, appellant moved to set aside the judgment alleging that he was an infant at the time he signed the note. A verified affidavit giving appellant's date of birth accompanied the motion. This date, if accurate, would have established appellant's infancy. Nevertheless, the motion was denied and this appeal followed.

Code 1961...

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