Kokomo Straw Board Co. v. Sachs
New York Supreme Court
Appeal from an order of the Monroe special term of May, 1889, directing the treasurer of that county to pay to the plaintiff the sum of $250, previously deposited with such treasurer in pursuance of an order of this court as security for costs in this action.
1Opinion of the CourtMacomber, J.
This action, which was upon a contract for goods sold and delivered by the plaintiff to the defendant, has been tried before a referee in pursuance of a-stipulation, and has resulted in a judgment in favor of the plaintiff. An appeal has been taken to the general term from such judgment, and the affidavit in behalf of the appellant states that the same was taken in good faith. Neither the pleadings, nor the proceedings before the referee, nor the findings and judgment, have been laid before us.
The affidavit of the appellant, under these circumstances, cannot be deemed sufficient to defeat the…
Also in this document: Concurrence.
2Cases cited11 opinions
- Republic of Honduras v. . SotoNew York Court of Appeals · 1889
- Lyon v. . ParkNew York Court of Appeals · 1888
- Churchman v. MerrittNew York Supreme Court · 1888
- Rothchild v. WilsonNew York Supreme Court · 1889
- Weber v. MoogNew York City Court · 1882
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