
    SILVERMAN v. CHARLES JACOBS CO.
    (Supreme Court, Appellate Term, First Department.
    April 14, 1914.)
    Judgment (§ 126)—Default—Inquest.
    A judgment for plaintiff on defendant’s default will be reversed, where the testimony on the inquest did not disclose a cause of action, without reference to the merits of defendant’s motion to open its default.
    [Ed. Note.—For other cases, see Judgment, Cent. Dig. §§ 223, 224, 228-230; Dec. Dig. § 126.]
    Appeal from Municipal Court, Borough of Manhattan, Seventh District.
    Action by Julius Silverman against the Charles Jacobs Company. From a Municipal Court order denying defendant’s motion to open its default, and from a judgment in favor of plaintiff on an inquest taken by the court without a jury, defendant appeals.
    Appeal from judgment dismissed, and order reversed.
    Argued March term, 1914, before SEABURY, EEHMAN, and BI-JUR, JJ.
    Engel Bros., of New York City, for appellant.
    Henry Salant, of New York City, for respondent.
    
      
      For other cases see same topic & $ number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
    
   PER CURIAM.

It is unnecessary to pass upon the merits of the motion to open defendant’s default, as the order must be reversed, and a new trial ordered, with costs to appellant to abide the event, because the testimony on the inquest did not disclose a cause of action against the defendant. Appeal from judgment dismissed.  