Warren v. Wendell
New York Supreme Court
Motion to vacate a judgment for irregularity, and to vacate an order of arrest and proceedings under it. The defendants, in this action, were partners at the commencement' of the action, upon affidavits that the defendant, Wendell, falsely represented that one Isaac T. Grant (a responsible person), was his partner in the firm of Wendell & Grant; and so procured from the plaintiff the sale and delivery of the" goods, to recover the price of which the suit was brought; when,…
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Motion to vacate a judgment for irregularity, and to vacate an order of arrest and proceedings under it. The defendants, in this action, were partners at the commencement' of the action, upon affidavits that the defendant, Wendell, falsely represented that one Isaac T. Grant (a responsible person), was his partner in the firm of Wendell & Grant; and so procured from the plaintiff the sale and delivery of the" goods, to recover the price of which the suit was brought; when, in truth, one George W. Grant (a man of no means) was his partner; an order of arrest was obtained, and bail was put in,…
1Opinion of the CourtGould, J.
—It would seem that, when an order is with a stay until a motion is decided, and the decision of that, motion contains a continuance of the stay, there is no point of time, at which there is not an operating stay. Nor is it easy to see how a party, who is stayed until the making and decision of a motion, can take notice of the fact that there has been a decision of that motion, without taking notice of the terms of that decision. In this case the plaintiff proceeded on the decision, without taking notice that, by that decision, the stay was continued.
It is quite • true, -that the manner of…
2Cases cited2 opinions
- Stewart v. HowardNew York Supreme Court · 1853
- Sellar v. SageNew York Supreme Court · 1856
3Cited by1 opinion
- Stewart v. BergeNew York Court of Common Pleas · 1873