Reed v. Hayt
The Superior Court of New York City
Motion by plaintiff, for judgment upon a verdict, directed for plaintiff, subject to the opinion of the general term. ■ The facts sufficiently appear in the opinion. attorney, and of counsel for plaintiff, argued :—I. The defense as to an alleged indebtedness of the company to Stearns wholly failed. No such indebtedness existed until after the execution of the contract sued on, and then it arose on an obligation created by the defendant. II.
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Motion by plaintiff, for judgment upon a verdict, directed for plaintiff, subject to the opinion of the general term. ■ The facts sufficiently appear in the opinion. attorney, and of counsel for plaintiff, argued :—I. The defense as to an alleged indebtedness of the company to Stearns wholly failed. No such indebtedness existed until after the execution of the contract sued on, and then it arose on an obligation created by the defendant. II. It is absurd to claim that the sealed contract of the defendant was waived or abrogated. Giving to the defendant an extension of time to pay the $35,000…
1Opinion of the Court
By the Court.
Sedgwick, Ch. J.
The propositions which have been argued, must of necessity be confined to the issues raised by the answer. The complaint averred, that the plaintiff had performed all conditions precedent of defendants, liability. The answer denied each and every allegation in the complaint not herein admitted. This is left by itself, might have made an issue as to each condi*128tion precedent in the contract. Such was not its intention, for the answer proceeds, “that the plaintiff has not duly performed all the conditions of said agreement on his part, but on the contrary, although…
2Cases cited1 opinion
- Bensel v. . GrayNew York Court of Appeals · 1880