Kerr v. Tagliavia — 229 N.Y. 542

Majority

p. 542

Frederick Kerr, Appellant, v. Frederick T. Tagliavia, Respondent.

Headnote

Appeal — unanimous affirmance of judgment■ dismissing 'complaint in action upon foreign judgment.

Kerr v. Tagliavia, 186 App. Div. 893 , appeal dismissed.

(Argued April 23, 1920;

decided June 1, 1920.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 29, 1918, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The action was brought upon a judgment obtained in England against this defendant as acceptor of a bill of

p. 543

exchange payable in England. Service in the English action was effected upon the defendant personally in New York, but the defendant did not appear or defend.

John H. Hazelton for appellant.

Julian B. Shope for respondent.

Appeal dismissed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cardozo, Pound, Crane and Andrews, JJ.