Cole v. Stearns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick W. Cole, from a judgment of the Supreme Court in favor of the defendant, entered in the office -of the clerk of the county of New York-on the 6th day of July, 1897, upon the decision of the court rendered after a trial at the New York Trial Term before the court without a jury;
1Opinion of the Court
Ingraham, J.:
The action was to recover upon a promissory note made by the defendant. The defendant, in his answer, set up a counterclaim alleging an agreement by which the Shepard & Morse Lumber Company, plaintiff’s assignor, was to settle a certain action against the defendant in the State of New Jersey, and discontinue such action and vacate an attachment proceeding in it in New Jersey, the defendant to give to the plaintiff security for the payment of the amount claimed in that suit; that the defendant performed this agreement upon his part, but that the plaintiff failed to discharge the…
2Cited by2 opinions
- Matter of Burmester v. De LuciaNew York Court of Appeals · 1934
- Stearns v. Shepard & Morse Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1904