Appellate Division of the Supreme Court of the State of New York February 11, 1903 (Meurer v. Berlin)

JENKS, J.

The plaintiff brought action upon a promissory note against Sam Bardler and Zachariah K. Berlin, “the name Zachariah being fictitious, real first name being unknown to plaintiff.” The plaintiff did not summon Bardler, but obtained a judgment against Berlin by default. Thereafter Zax K.